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NY F85165




April 28, 2000

CLA-2-61:RR:NC:TA:N5:356 F85165

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1020; 6110.20.2065

Ms. Angela Ferguson
Brigata International, Inc.
31057 Genstar Road
Hayward, CA 94544

RE: The tariff classification of men’s knit garments from Cambodia or Myanmar.

Dear Ms. Ferguson:

In your letter dated March 20, 2000, you requested a tariff classification ruling. As requested, your samples will be returned.

Style KU304 is a men’s pullover garment constructed from 55 percent cotton, 45 percent polyester, finely knit, loop pile fabric that is brushed on the inside surface. The fabric measures more than nine stitches per two centimeters counted in the horizontal direction. Style KU304 features a V-neckline; a sweat patch at the rear neckline; an embroidered logo on the lower left portion of the front panel; long, hemmed sleeves; and a straight, hemmed bottom.

Style KU306 is a pair of men’s pants constructed from 55 percent cotton, 45 percent polyester, finely knit, loop pile fabric that is brushed on the inside surface. Style KU306 features a tunnel elastic waistband with an inside drawcord; a fly front opening with a Velcro-like closure; a woven logo sewn to the placket of the fly; side seam pockets; a rear buttoned patch pocket; and tunnel elastic cuffs at the ankles.

Style KU104 is a men’s pullover garment constructed from 55 percent cotton, 45 percent polyester, finely knit, loop pile fabric that is brushed on the inside surface. The fabric measures more than nine stitches per two centimeters counted in the horizontal direction. Style KU104 features a V-neckline; a sweat patch at the rear neckline; an embroidered logo on the lower left portion of the front panel; long, hemmed sleeves; and a straight, hemmed bottom.

The applicable subheading for Styles KU304 and KU104 will be 6110.20.2065, Harmonized Tariff Schedule of the United States, (HTS), which provides for: sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: men's or boys'. The duty rate will be 18.2 percent ad valorem.

The applicable subheading for Style KU306 will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted: of cotton: trousers and breeches: men’s. The duty rate will be 16.5 percent ad valorem.

Styles KU304 and KU104 fall within textile category designation 338. Style KU306 falls within textile category designation 347. Based upon international textile trade agreements, products of Cambodia that fall within textile category designations 338 and 347 are subject to visa requirements and quota restraints. Products of Myanmar that fall within textile category designation 338 are not presently subject to visa requirements or quota restraints. Products of Myanmar that fall within textile category designation 347 are subject to quota restraints but are not presently subject to visa requirements.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 212-637-7081.

Sincerely,

Robert B. Swierupski
Director,

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