CLA-2-61:RR:NC:TA:N3:356 B83783

Mr. Michael Vasquez
Patrick Vasquez Customs Broker Co.
10857 Vandale
San Antonio, Texas 78216-3626

RE: The tariff classification of men's knit and woven garments from Mexico.

Dear Mr. Vasquez:

In your letter dated March 26, 1997 you requested a tariff classification ruling on behalf of Import Sport, Corporation. Model number 01-28-23-01-1 is a man's knit shirt constructed from 100 percent polyester, finely knit fabric containing 16 stitches per linear centimeter measured in the horizontal direction and 11 stitches per linear centimeter measured in the vertical direction. The garment features a partial front opening with two button closures; a spread collar; short sleeves with rib knit cuffs; and a straight, hemmed bottom. There is a mesh insert at the underarm.

Model number 14-01-02-01-1 consists of a man's windbreaker-type jacket and a pair of trousers. The jacket and trousers are constructed of an outer shell composed of a woven 100 percent nylon fabric. The jacket and trousers are lined with a knit 100 percent polyester mesh fabric.

The jacket features an attached hood with a drawcord tightening, a stand-up collar and a full front opening secured by a zipper which extends to the top of the collar. The hood can be rolled-up and concealed within the collar by a zipper. The garment's sleeve cuffs and waistband are elasticized. There are two front pockets located at the waist. The trousers have an elasticized waistband with an inner drawcord. Below the waistband there are two zippered front pockets and a zippered right rear pocket. At the bottom of each trouser leg there is an elasticized ankle cuff and a zippered opening.

The applicable tariff provision for Model number 01-28-23-01-1 will be 6105.20.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's or boys' shirts, knitted or crocheted: of man-made fibers: other: men's. The general rate of duty will be 33.8 percent ad valorem.

The applicable tariff provision for the jacket of Model number 14-01-02-01-1 will be 6211.33.0035, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other garments, men's or boys': of man-made fibers, track suits, other. The general rate of duty will be 16.7 percent ad valorem.

The applicable tariff provision for the trousers of Model number 14-01-02-01-1 will be 6211.33.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other garments, men's or boys': of man-made fibers, track suits, trousers. The general rate of duty will be 16.7 percent ad valorem.

In your letter you indicated that these suits have been imported under HTS 6112.12.0010. However, this provision is inapplicable to woven suits. You advised us in a telephone conversation that there are no on-going transactions for this merchandise. Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. Model number 01-28-23-01-1 falls within textile category designation 638. The jacket of Model number 14-01-02-01-1 falls within textile category designation 634. The trousers of Model number 14-01-02-01-1 fall within textile category designation 647.

Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 CFR 177).

A copy of this ruling letter or the control number listed 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 212-466-5877.

Sincerely,


Paul K. Schwartz
Chief, Textiles and Apparel Branch
National Commodity
Specialist Division