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NY A83738




June 14, 1996

CLA-2-61:RR:NC:WA:N5:356 A83738

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6105.20.2010; 6205.30.2050; 6205.30.2070; 6206.40.3030

Mr. Patrick Pascarella
Viking Sea Freight Inc.
181 South Franklin Avenue, Suite 607
Valley Stream, New York 11581

RE: The tariff classification of men's and women's knit and woven garments from Hong Kong.

Dear Mr. Pascarella:

In a letter dated May 15, 1996, you requested a tariff classification ruling on behalf of Presidio International, Inc.

Style AXM-5035 is a man's knit shirt constructed from 50 percent wool, 50 percent cotton, 1x1 rib knit fabric and 100 percent polyester, finely knit fabric that is napped on both the inside and outside surfaces. The napped fabric contains 12 stitches horizontally and 12 stitches vertically per linear centimeter. The shirt has a full front opening with seven button closures; a spread collar; long, set-in sleeves; two patch pockets on the chest with buttoned flaps; and a hemmed bottom.

The napped portions of the garment consist of the entire front and back panels and the patch pockets. The rib knit portions of the garment consist of the long sleeves, the spread collar, the front placket, and the pocket flaps. The napped portions of the garment comprise approximately 60 percent of the visible surface area and provide the essential character of the garment.

Style F6C80KB is a man's shirt constructed from both knit and woven fabric. The garment has a full front opening with seven button closures; a shirt collar; long sleeves with single button cuffs; a patch pocket on the left chest; and a hemmed bottom. The entire front panel, the sleeves, and the pocket are constructed from a plaid, 100 percent rayon woven fabric. The entire back panel is constructed from 100 percent wool, finely knit jersey fabric. The woven portions of the garment comprise over 60 percent of the visible surface area and provide the essential character of the garment.

Style F6K95SA is a man's shirt constructed from 70 percent rayon, 30 percent wool woven fabric. The garment has a full front opening with five button closures; a shirt collar; long sleeves with single button cuffs; two patch pockets with flaps on the chest; two patch pockets with flaps below the waist; and a hemmed bottom with side slits.

Style F5C63PR is a woman's blouse constructed from 80 percent rayon, 20 percent nylon woven fabric. The garment is fitted at the waist and has a full front, zippered opening; a shirt collar; long sleeves with French cuffs; and a hemmed bottom.

The applicable subheading for Style AXM-5035 will be 6105.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of man-made fibers: other: men's. The duty rate will be 34.1 percent ad valorem.

The applicable subheading for Style F6C80KB will be 6205.30.2050, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts: of man-made fibers: other: with two or more colors in the warp and/or the filling: men's. The duty rate will be 30.5 cents per kilogram plus 27.2 percent ad valorem.

The applicable subheading for Style F6K95SA will be 6205.30.2070, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shirts: of man-made fibers: other: other: men's. The duty rate will be 30.5 cents per kilogram plus 27.2 percent ad valorem.

The applicable subheading for Style F5C63PR will be 6206.40.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses, shirts and shirt-blouses: of man-made fibers: other: women's. The duty rate will be 28.3 percent ad valorem.

Style AXM-5035 falls within textile category designation 638; Styles F6C80KB and F6K95SA fall within textile category designation 640; and Style F5C63PR falls within textile category designation 641. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Mary Ryan at 212-466-5877.

Sincerely,

Roger J. Silvestri
Director

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