CLA-2-61:RR:NC:TA:N3:356 B84476

Mr. Bruce Schiller
MSAS Customs Logistics, Inc.
8725 NW 18th Terrace, Suite 301
Miami, Fl 33172

RE: The tariff classification of a boys' T-shirt and a pair of shorts from the Dominican Republic.

Dear Mr. Schiller:

In your letter dated April 16, 1997 (your reference 38244), you requested a tariff classification ruling on behalf of The Wormser Company.

Style W523 consists of a boys' T-shirt and a pair of boys' shorts constructed from 50 percent cotton, 50 percent polyester, finely knit jersey fabric containing more than 9 stitches per two centimeters counted in the horizontal direction. The T-shirt has a rib knit crew neckline; short hemmed sleeves, and a hemmed bottom. The shorts have an elastic, jacquard knit waistband and hemmed leg openings. The shorts, and the sleeves and back panel of the T-shirt, have an all over roller print design. Style W523 will be imported in sizes 8-14.

As requested, your samples will be returned. At the time of entry, Customs may verify the actual fiber content of Style W523. If the fiber content varies from the weight breakdown indicated in your letter, the HTS classification may differ from the information indicated below.

The applicable subheading for the T-shirt will be 6109.90.1009, Harmonized Tariff Schedule of the United States (HTS), which provides for: T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of man-made fibers: T-shirts: boys'. The duty rate will be 33.4 percent ad valorem.

The applicable subheading for the shorts will be 6103.43.1570, Harmonized Tariff Schedule of the United States (HTS), which provides for: men or boys'... breeches or shorts (other than swimwear), knitted or crocheted: of synthetic fibers: other: shorts: boys': other. The duty rate will be 29.5 percent ad valorem.

The shorts fall within textile category designation 647 and the T-shirt falls within textile category designation 638. Based upon international textile trade agreements, products of the Dominican Republic are subject to a visa requirement and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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 C.F.R. 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, Textile & Apparel Branch
National Commodity
Specialist Division