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NY H87226




February 5, 2002

CLA-2-61:RR:NC:WA:361 NY H87226

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010; 6110.20.2075

Ms. Lesa R. Hubbard
Customs Analyst
J. C. Penney Purchasing Corp.
6501 Legacy Drive
Plano, Texas 75301-0001

RE: The tariff classification of a woman’s shirt and three women’s pullovers from Turkey or Honduras.

Dear Ms. Hubbard:

In your letter dated January 17, 2002, you requested a classification ruling for four women’s garments. These items are being returned as you requested..

Style 01 is a woman’s pullover constructed from 100 percent cotton rib knit fabric. The pullover has a scoop neckline; short raglan sleeves; and a plain, hemmed bottom.

Style 02, 03, and 04 are constructed from 60 percent cotton, 40 percent polyester brushed knit fabric with more than tens stitches per centimeter in both the horizontal and vertical directions. The weight of the fabric is between 210 and 220 grams per square meter.

Style 02 has a rounded neckline, long raglan sleeves, and a plain, hemmed bottom. Style 03 has a v-neckline, long sleeves, and a plain hemmed bottom. Style 04 has a two button henley neckline, long sleeves, and a hemmed bottom with side slits.

You have referred to these garments as sleepwear, however, based both on their appearance, and the manner in which they are marketed, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

The applicable subheading for style 04 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ blouses and shirts, knitted or crocheted: Of cotton. The duty rate will be 20 percent ad valorem.

The applicable subheading for styles 01, 02 and 03 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversand similar articles: Of Cotton: Other: Women’s. The duty rate will be 17.3 percent ad valorem.

All four styles fall within textile category designation 339. Based upon international textile trade agreements products of Turkey are subject to quota and the requirement of a visa.

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.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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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