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NY F81558




February 11, 2000

CLA-2-61:RR:NC:WA:361 F81558

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6104.62.2011; 6106.10.0010; 6109.10.0060

Ms. Karen Kuza
Import Regulatory Specialist
Newton Buying Corp.
770 Cochituate road
Framingham, Mass. 01701

RE: The tariff classification of five women’s knit garments from Hong Kong.

Dear Ms. Kuza:

In your letter dated January 6, 2000, you requested a classification ruling for five women’s knit garments. The samples are being returned, as you requested.

Style 4358MYSO is a woman’s tank top constructed from 95% cotton, 5% spandex knit fabric. The garment has ¼ inch shoulder straps; a U-shaped neckline in front and back; and a hemmed bottom.

Style 4355MYSO is a woman’s tank top constructed from 100% cotton rib knit fabric. The garment has ½ inch shoulder straps; a U-shaped neckline in front and back; and a hemmed bottom. The shoulder straps are made from elasticized lace, which also acts as a trim for the neckline and armholes.

Style 4357MYSO is a woman’s shirt constructed from 95% cotton, 5% spandex knit fabric. The garment has ¾ length sleeves; a rounded neckline; a full front opening with right over left snap closure; and a hemmed bottom. Style 4359MYSO is a pair of woman’s pull-on pants constructed from 95% cotton, 5% spandex knit fabric. The garment has ½ inch covered elasticized waistband and hemmed leg openings with elasticized lace-like trim.

Style 4360MYSO is a pair of woman’s pull-on pants constructed from 100% cotton knit fabric. The garment has one-inch exposed elasticized waistband and hemmed leg openings with elasticized picot trim.

Although you have referred to these garments as pajama separates, based on the physical characteristics and appearance, we do not believe they are intimate garments of heading 6108.

The applicable subheading for styles 4358MYSO and 4355MYSO will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: Of cotton. The rate of duty will be 18.3 percent ad valorem.

The applicable subheading for style 4357MYSO will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sblouses and shirts, knitted or crocheted: Of cotton. The rate of duty will be 20.2 percent ad valorem.

The applicable subheading for style 4359MYSO will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of cotton: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 15.6 percent ad valorem.

The applicable subheading for style 4360MYSO will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of cotton: Other. The rate of duty will be 15.6 percent ad valorem.

Styles 4358MYSO, 4355MYSO and 4357MYSO fall within the textile category designation 339; style 4359MYSO and 4360MYSO fall within the textile category designation 348. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

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