The tariff classification and status under the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2008 (HOPE II) and the Caribbean Basin Trade Partnership Act of women’s garments from Haiti

N158122 April 19, 2011 CLA-2-61:OT:RR:NC:N3:361 CATEGORY: CLASSIFICATION TARIFF NO.: 6109.10.0040, 6109.10.0070, 6110.20.2079 Ms. Patty Peacock Anvil Knitwear, Inc. 146 W. Country Club Road Hamer, SC 29547 RE: The tariff classification and status under the Haiti Hemispheric Opportunity through Partnership Encouragement Act of 2008 (HOPE II) and the Caribbean Basin Trade Partnership Act of women’s garments from Haiti Dear Ms. Peacock: In your letter dated March 30, 2011 you requested a classification ruling. The submitted sample, style 391, is a woman’s t-shirt constructed from 100 percent cotton jersey knit fabric. The garment features a U shaped neckline; hemmed, short sleeves; and a hemmed bottom. The fabric weighs less than 200 grams per square meter. The garment reaches below the waist. The submitted sample, style 392, is a woman’s t-shirt constructed from 100 percent cotton jersey knit fabric. The garment features a V shaped neckline; hemmed, short sleeves; and a hemmed bottom. The fabric weighs less than 200 grams per square meter. The garment reaches below the waist. The submitted sample, style 399, is a ladies’ garment similar to a t-shirt. It is constructed of 100 percent cotton jersey knit fabric. The garment features a U shaped neckline; hemmed, long sleeves; and a hemmed bottom. The fabric weighs less than 200 grams per square meter. The garment reaches below the waist. The submitted sample, style 1441, is a woman’s size small cut and sewn “anvil” label pullover that is constructed from 100 percent cotton 1x1 rib knit fabric. The outer surface of the fabric measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features a crew neckline; short sleeves with capping trim; and a hemmed bottom. The garment extends to below the waist. The submitted sample, style 2415, is a woman’s garment similar to a tank top constructed from 100 percent cotton rib knit fabric. The sleeveless garment features a U-shaped neckline in front and back; 2 ¼ inch wide shoulder straps; and a hemmed bottom. The tank top extends below the waist. We are returning your samples. The applicable subheading for styles 391 and 392 will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton: Women’s: T-shirts: Women’s. The duty rate will be 16.5% ad valorem. The applicable subheading for styles 399 and 2415 will be 6109.10.0070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crotched: Of cotton: Women’s: Other. The duty rate will be 16.5% ad valorem. The applicable subheading for the pullover, style 1441, will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of cotton: other: other: other: women’s or girls’: other. The duty rate will be 16.5% ad valorem. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. You also inquire as to the eligibility for preferential duty treatment under a Trade Preference Program. You state the yarn will be manufactured in the United States. The fabric will be knitted and cut in the Dominican Republic and sewn, inspected and packaged in Haiti. The sewing thread will be made in the U.S. and dyed in the Dominican Republic. The garments will be imported in the United States directly from Haiti. These garments are eligible for Haiti (HOPE) and Caribbean Basin Trade Partnership Act (CBTPA) TPL status as enumerated in Chapter 98, subchapter XX of the HTSUS provided the quantative limits have not been exceeded. 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 classification contact National Import Specialist Peggy Fitzgerald at 646-733-3052. If you have any questions regarding the eligibility for preferential treatment and TPL status contact National Import Specialist Rosemarie Hayward at 646-733-3064. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division