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NY B85496

May 28, 1997

CLA-2-61:RR:NC:WA:361 B85496


TARIFF NO.: 6110.20.2075; 6204.62.4055

Mr. Donald Lee Ice
Vital Int'l Freight Services
1926 E. Maple Avenue
P.O. Box 577
El Segundo, CA 90245-0577

RE: The tariff classification of a woman's knit pullover and woven shorts, from Thailand.

Dear Mr. Ice:

In your letter dated May 8, 1997, you requested a classification ruling on behalf of Maurice's, Inc., for two women's garments. The samples are being returned, as you requested.

Style M2-358 consists of a knit pullover and woven shorts. The pullover is constructed from 60% cotton, 40% polyester fleece knit fabric with more than nine stitches per two centimeters. The pullover features a round neckline, and long sleeves. The neckline, sleeves, and bottom of the pullover are finished with 1/4 inch capping.

The pull-on shorts of style M2-358 are constructed from 100% cotton woven fabric. The shorts feature a one-inch covered elasticized waistband and hemmed bottom.

Although the importer indicated that these two garments are "Ladies sleepwear," their appearance is comparable to garments worn as casual attire for comfort, rather than those worn solely for sleeping. Therefore, these garments will not ba classified in the heading for pajamas.

The applicable subheading for the top of style M2-358 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for knit pullovers and similar articles, of cotton, women's. The rate of duty will be 19.4 percent ad valorem.

The applicable subheading for the shorts of style M2-358 will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts of cotton. The rate of duty will be 17.4 percent ad valorem.

The top of style M2-358 falls within textile category designation 339; the shorts of style M2-358 fall within textile category 348. Based upon international textile trade agreements, products of Thailand 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 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Paul K. Schwartz

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