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NY K80645

November 26, 2003

CLA-2-61:RR:NC:WA:359 NY K80645


TARIFF NO.: 6110.20.2075; 9819.11.12

Ms. Melissa Weiss-Fox
Barthco Trade Consultants
721 Chestnut Street
Philadelphia, PA 19106

RE: The tariff classification and status under the African Growth and Opportunity Act for a woman’s garment from Botswana.

Dear Ms. Weiss-Fox:

In your letter dated November 7, 2003, you requested a ruling on the tariff classification and status under the African Growth and Opportunity Act (AGOA) for a woman’s garment on behalf of Leonard Feinberg, Inc.

Style DG4001-09L is a woman’s short sleeved pullover constructed from 60 percent cotton and 40 percent polyester knit fabric. The pullover is made from double knit fabric that has less than ten stitches per linear centimeter in the horizontal direction, but more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The pullover has a round neckline that in the front has a small v-shaped opening with a tie closure made from ribbon fabric, short sleeves, and a straight hemmed bottom. The neckline is edged with a trim fabric through which a ribbon is threaded. It is this ribbon which forms a closure at the neckline of the garment. You have indicated that all of the fabrics, for the garment, the trim and the ribbon tie, will be imported in rolls from Taiwan. The fabrics will be shipped to Botswana where they will be cut into component pieces for assembly into a finished garment. The garment will be completely assembled in Botswana of these fabrics.

The applicable subheading for style DG4001-09L will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers and similar articlesknitted or crocheted: Of cotton: Women’s. The duty rate will be 16.9% ad valorem.

Style DG4001-09L falls within textile category designation 339. Based upon international textile trade agreements this category from Botswana is neither subject to quota nor is a visa required.

Based on the information that you supplied, and provided all requirements are met, the submitted garments are eligible for duty free treatment under subheading 9819.11.12, HTSUS, which provides for:

Apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more such lesser developed countries enumerated in U.S. note 2(d) to this subchapter, subject to the provisions of U.S. note 2 to this subchapter, regardless of the country of origin of the fabric or the yarn used to make such articles, if entered during the period beginning on the date announced in a Federal Register notice issued by the United States Trade Representative and continuing through September 30, 2004, inclusive.

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 the ruling 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 the ruling, contact National Import Specialist Mike Crowley at 646-733-3049.


Robert B. Swierupski

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