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NY J88453

October 7, 2003

CLA-2-61:RR:NC:TA:N3:356 J88453


TARIFF NO.: 6110.20.2065

Ms. Annie Chik
Annie Chik (CHB)
147-39 175th Street, RM. # 217
Jamaica, NY 11434

RE: The tariff classification of a men’s knit pullover garment from Pakistan.

Dear Ms. Chik:

In your letter dated September 9, 2003, you requested a tariff classification ruling on behalf of 2 Kemp International. As requested, your sample will be returned.

Style 9351 is a men’s pullover garment constructed from 100 percent cotton, finely knit jersey fabric that measures 26 stitches per two centimeters counted in the horizontal direction. Style 9351 is sleeveless and features a rib knit crew neckline; screen-printing on the center chest and the lower portion of the rear panel; rib knit edging finishing the armholes; and a straight, hemmed bottom.

You state that you believe the proper classification for Style 9351 is as a tank top in HTS subheading, 6109.10.0018. For a garment to be classified as a tank top it must have shoulder straps. The shoulders of Style 9351 measure six inches wide on a size XL and preclude classification as a tank top.

The applicable subheading for Style 9351 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 rate of duty will be 16.9 percent ad valorem.

Style 9351 falls within textile category designation 338. Based upon international textile trade agreements, products of Pakistan are subject to visa requirements and quota restraints.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3271.


Robert B. Swierupski

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