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NY L84348




May 16, 2005

CLA-2-61:RR:NC:TA:N3:356 L84348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2065; 6205.20.2065

Mr. John A. Bessich
Follick and Bessich
33 Walt Whitman Road, Suite 204
Huntington Station, NY 11746

RE: The tariff classification of men’s knit and woven garments from Spain, Thailand and India.

Dear Mr. Bessich:

In your letter dated April 18, 2005, you requested a tariff classification ruling on behalf of Blue Tower (USA) LLC. As requested, your samples will be returned.

Style 395511 “Ace Watt Wall” is a men’s pullover garment constructed from 100 percent cotton, finely knit jersey fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 395511 has a rib knit crew neckline; long sleeves with pieced inserts at the cuffs; a large screen print across the front panel and on the left sleeve; and a straight, hemmed bottom.

Style 397214 “Prince Tanger 8” is a men’s pullover garment constructed from 60 percent cotton, 40 percent modal, finely knit jersey fabric that measures 32 stitches per two centimeters counted in the horizontal direction. Style 397214 is sleeveless and has a self-fabric crew neckline; embroidery on the left chest; self-fabric capping on the armholes; and a straight, hemmed bottom.

Style 396903 “Seal Kindi” is a men’s shirt constructed from printed, 100% cotton, woven fabric. The shirt features a pointed self-fabric collar; a full front opening with seven button closures; long sleeves with buttoned cuffs; and a curved, hemmed bottom.

The applicable subheading for Styles 395511 and 397214 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 is 16.5 percent ad valorem.

The applicable subheading for Style 396903 will be 6205.20.2065, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ shirts, of cotton, other: other: other: other: men’s. The duty rate will be 19.7 percent ad valorem.

Styles 395511 and 397214 fall within textile category designation 338. Style 396903 falls within textile category designation 340. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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.

Sincerely,

Robert B. Swierupski

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