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NY 801532




Sept. 14, 1994

CLA-2-61:S:N:N5:361 801532

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2010; 6109.10.0060; 6110.20.2075

Ms. Kathy Redey
Import Specialist
Eddie Bauer, Inc.
15010 N.E. 36th Street
Redmond, Washington 98052

RE: The tariff classification of a pair of woman's knit pants, tank top and pullover from Hong Kong.

Dear Ms. Redey:

In your letter dated August 26, 1994, you requested a tariff classification ruling for a pair of woman's knit pants, style numbers 1124, 1507 and 2500; a tank top, style numbers 0735 and 0768; and a pullover, styles 0780 and 0837. The samples are being returned, as you requested.

The three garments are constructed from rib knit fabric. The pull-on pants feature a covered elasticized waistband. The tank top features a U shaped neckline, shoulder straps of approximately 1.75 inches in width, and side vents. The pullover features a V neckline, short sleeves, and a hemmed bottom.

You have indicated that these garments will be sold separately, and will be advertised as loungewear, that is, as multi purpose garments. The general appearance of these items supports this. Therefore, the garment is clearly intended for multiple uses, and would not be considered sleepwear.

The applicable subheading for the pants will be 6104.62.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's knitted pants, of cotton. The rate of duty will be 16.7 percent ad valorem.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's knitted tank tops, of cotton. The rate of duty will be 21 percent ad valorem.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted pullovers of cotton, for women. The rate of duty will be 20.7 percent ad valorem.

The pants fall within textile category designation 348; the tank top and pullover fall within textile category designation 339. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement.

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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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