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NY H89908




April 30, 2002

CLA-2-61:RR:NC:WA:361 NY H89908

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6106.20.2010; 6108.92.0030

Ms. Marlene Bautista, Cost Import Analyst Imports-Dept 733IMP
Sears Roebuck & Co.
3333 Beverly Road BC 175A-B
Hoffman Estates, Il 60179

RE: The tariff classification of a woman’s shirt, pants and robe from Dubai (United Arab Emirates).

Dear Ms. Bautista:

In your letter dated March 21, 2002, you requested a classification ruling for three women’s garments.

Style 500MAA is made up of a shirt and pants. The garments are constructed from 75 percent polyester, 25 percent rayon knit terry fabric that is heavily brushed on the inside. The shirt has a v shaped opening with a closure made up of a tie at the neck; long sleeves; one breast pocket; and a shirttail bottom. The pants have an elasticized waistband and hemmed leg openings.

You have referred to these garments as pajamas, however, based on their appearance, the are capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

Style C-6101-R1 is a woman’s robe constructed from the same fabric. The ankle length robe has a shawl collar; a full front opening; long sleeves; a self-fabric belt; side seam pockets at the waist; and a plain, hemmed bottom.

The applicable subheading for the shirt of style 500MAA will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s blouses and shirts, knitted or crocheted: Of Man-made fibers. The duty rate will be 32.5 percent ad valorem.

The applicable subheading for the pants of style 500MAA will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers knitted or crocheted: Of Synthetic fibers. The duty rate will be 28.6 percent ad valorem.

The applicable subheading for the robe, style C-6101-R1 will be 6108.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sbathrobesknitted or crocheted: Of Man-made fibers. The duty rate will be 16.2 percent ad valorem.

The shirt of style 500MAA falls within textile category designation 639; the pants of style 500MAA fall within textile category designation 648; the robe, style C-6101-R1 falls within textile category designation 650. Based upon international textile trade agreements categories 639 and 648 from Dubai (United Arab Emirates) 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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