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NY K82932

February 24, 2004
CLA-2-61:RR:NC:WA:361 NY K82932


TARIFF NO.: 6109.90.1090

Mr. Jackson Lin
Hong Fa Enterprise Co., Inc.
1019 Market Street, 6th Floor, #A
San Francisco, CA 94103

RE: The tariff classification and status under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) for a woman’s garment similar to a T-shirt from Ecuador.

Dear Mr. Lin:

In your letter dated February 2, 2004, you requested a ruling on the tariff classification and status under the Andean Trade Promotion and Drug Eradication Act (ATPDEA) for a woman’s garment similar to a T-shirt.

The submitted sample, style #135 is a woman’s T-shirt-like garment constructed from 50 percent cotton, 50 percent polyester jersey knit fabric that weighs 150g/m2. The garment has short sleeves with rib knit cuffs, a crew neckline, and a plain, hemmed bottom. You have indicated that the cotton fibers will be produced in either the US or Peru, and the polyester will be from Columbia; that the yarn will be made in Ecuador or Peru; that the fabric will be knitted in Ecuador, and the fabric will be cut and sewn into a completed garment in Ecuador. It is assumed that this information covers all yarns and fabrics used in the production of the garment.

You have indicated in your letter that the fabric is a blend of 50% polyester/50% cotton. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification of the subject garment.

The applicable subheading for style #135 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirtsand similar garments, knitted or crocheted: of man-made fibers: Women’s or girls’. The duty rate will be 32% ad valorem.

Style #135 falls within textile category designation 639. Based upon international textile trade agreements this category from Ecuador is neither subject to quota nor the requirement of a visa.

Both Ecuador and Peru are countries subject to ATPDEA in accordance with general note 1 to subchapter 9821. Based on the information that you supplied, and provided all requirements are met, the submitted garments are eligible for duty free treatment under subheading 9821.11.25, HTSUS, which provides for: Apparel articles sewn or otherwise assembled in one or more such countries from fabrics or from fabric components formed or from components knit-to-shape in one or more such countries, from yarns wholly formed in the United States or in one or more such countries (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed in one or more such countries); the foregoing apparel articles imported under the terms of U.S. note 3(d) and U.S. note 3(e) to this subchapter

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 Angela De Gaetano at 646-733-3052.


Robert B. Swierupski

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