The tariff classification of a men's knit garments from China.

NY C89503 July 16, 1998 CLA-2-61:RR:NC:TA:N3:356 C89503 CATEGORY: Classification TARIFF NO.: 6105.10.0010; 6110.20.2065 Mr. Jay Fox Eddie Bauer, Inc. P.O. Box 97000 Redmond, WA 98073-9700 RE: The tariff classification of a men's knit garments from China. Dear Mr. Fox: This letter replaces NY C86889, dated June 6, 1998, in which an incorrect sample was submitted for Items 033-7763 (reg) and 033-8306 (tall). In correspondence dated June 22, 1998, you state that the original garment was a pre-production sample which was not constructed from the correct fabric. You have now submitted an actual production sample for classification. The corrected ruling follows. Item 033-6188 (reg) is a men's knit shirt constructed from 100 percent cotton fabric which measures 10 stitches per linear centimeter counted in the horizontal direction and 11 stitches per linear centimeter counted in the vertical direction. The garment features a self-fabric spread collar; a full front opening with seven button closures; long sleeves with buttoned cuffs; two patch pockets at the chest with buttoned closures; and a straight, hemmed bottom with side slits. You state that the same garment will be imported in tall sizes under Item 033-6256 (tall). Item 033-7763 (reg) is a men's knit garment constructed from 100 percent cotton fabric which measures 12 stitches per linear centimeter counted in the horizontal direction and 7 stitches per linear centimeter counted in the vertical direction. The garment features a self-fabric spread collar; a full front opening with seven button closures; long sleeves with buttoned cuffs; two patch pockets at the chest with buttoned closures; and a curved, hemmed bottom. You state that the same garment will be imported in tall sizes under Item 033-8306 (tall). Your submitted samples are being returned. The applicable subheading for Items 033-6188 (reg) and 033- 6256 (tall) will be 6105.10.0010 Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' shirts, knitted or crocheted: of cotton: men's. The duty rate will be 20.5 percent ad valorem. The applicable subheading for Items 033-7763 (reg) and 033- 8306 (tall) 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: other: men's or boys': men's. The duty rate will be 19 percent ad valorem. Items 033-6188 (reg), 033-6256 (tall), 033-7763 (reg) and 033-8306 (tall) fall within textile category designation 338. Based upon international textile trade agreements, products of China 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 in spection 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 indicated above should be attached to 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, Robert B. Swierupski Director National Commodity Specialist Division