CLA-2-61:RR:NC:WA:361 NY K81370

Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153
Attention: Joe Hoffacker

RE: The tariff classification of four women’s knit garments from Peru.

Dear Mr. Hoffacker:

In your letter dated November 19, 2003, you requested a classification ruling for four woman’s knit garments on behalf of Alpha Shirt Company. The samples will be returned, as requested.

Style HY100 is a woman’s T-shirt constructed from lightweight 100 percent cotton jersey knit fabric. The T-shirt has a crew neckline, short sleeves, and a plain, hemmed bottom.

Style HY102 is a woman’s upper body garment similar to a T-shirt, constructed from lightweight 100 percent cotton jersey knit fabric. The garment has a crew neckline, short sleeves with rib knit cuffs, and a plain, hemmed bottom.

Style HY103 is a woman’s pullover constructed from 100 percent cotton jersey knit fabric with more than nine stitches per two centimeters. The garment has a crew neckline, short raglan sleeves with unfinished edges, and a plain, hemmed bottom.

Style HY108 is a woman’s pullover constructed from 100 percent cotton rib knit fabric with more than nine stitches per two centimeters. The garment has a rounded neckline, short raglan sleeves, and a plain, hemmed bottom.

The applicable subheading for style HY100 will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirt…, knitted or crocheted: Of cotton: Women’s. The duty rate will be 17% ad valorem. Effective January 1, 2004, the duty rate will be 16.5% ad valorem.

The applicable subheading for style HY102 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirt…and similar garments, knitted or crocheted: Of cotton: Women’s. The duty rate will be 17% ad valorem. Effective January 1, 2004, the duty rate will be 16.5% ad valorem.

The applicable subheading for styles HY103 and HY108 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers…, knitted or crocheted: Of cotton: Women’s. The duty rate will be 16.9% ad valorem. Effective January 1, 2004, the duty rate will be 16.5% ad valorem.

All four styles fall within textile category designation 339. Based upon international textile trade agreements, this category from Peru is not presently subject to quota restraints of a visa requirement.

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.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division