United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 1999 NY Rulings > NY D86768 - NY D86813 > NY D86781

Previous Ruling Next Ruling

March 2, 1999

CLA-2-61:RR:NC:WA:361 D86781


TARIFF NO.: 6104.63.2011; 6114.30.1020

Ms. Wendy Toner
Product Development Manager
Cerie Intimates
36 Nathan lane
Plymouth, MN 55441

RE: The tariff classification of woman’s top and pants from China.

Dear Ms. Toner:

In your letter of January 22, 1999, you requested a classification ruling for a woman’s top and pants. The samples are being returned, as you requested.

Style 107-1003 is composed of a top and pants. Both garments are constructed from 100% knit polyester fabric. The top of style 107-1003 is made from a fabric known as “burnout velvet” and features 1/8 inch adjustable shoulder straps; a V-shaped neckline in front, and a hemmed bottom. The upper back of the garment is cut straight across from side seam to side seam.

The pull-on pants of style 107-1003 are constructed from knit pile fabric, and feature an elasticized waistband with a satin ribbon tie in front, and hemmed bottom.

Although you have referred to the submitted samples as pajamas, neither the appearance of the garments nor the information provided concerning design, marketing and sale to the consumers, supports that assertion. Therefore, these garments will not be classified in heading 6108, but in the specific headings for pants and top. The applicable subheading for the top of style 107-1003 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted, of man-made fibers, tops, women’s or girls’. The rate of duty will be 29.1 percent ad valorem.

The applicable subheading for the pants of style 107-1003 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s knit trousers of synthetic fibers. The rate of duty will be 29.1 percent ad valorem.

The top falls within textile category 639; the pants fall within textile category 648. 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 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 212-637-7029.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: