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NY K84158

April 12, 2004
CLA-2-61:RR:NC:WA:361 NY K84158


TARIFF NO.: 6104.62.2011; 6110.20.2075

Ms. Melissa Fox
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of two women’s knit garments from China.

Dear Ms. Fox:

In your letter dated March 12, 2004, you requested a classification ruling for a woman’s knit top on behalf of Sugartown Worldwide, Inc. The samples will be returned, as requested.

Style 62125 consists of two women’s garments, a shirt-like cardigan and a pair of pants. Both garments are constructed from 70 percent cotton, 30 percent cashmere knit fabric with more than nine stitches per two centimeters measured in the direction the stitches were formed. The shirt like cardigan has a hood with a drawstring; a full front opening with a zipper closure; two side seam pockets just above the hem; and a plain, hemmed bottom. The pants have a 1 ½ inch elasticized waistband with a drawstring; and hemmed leg openings.

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 the shirt like cardigan of style 62125 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweatersand similar articles, knitted or crocheted: Of cotton: Other: Women’s or girls. The duty rate will be 16.5% ad valorem. The applicable subheading for the pants of style 62125 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’spantsknitted or crocheted: Of cotton. The duty rate will be 14.9% ad valorem.

The upper body garment of style 62125 falls within textile category designation 339; the pants of style 62125 fall within textile category designation 348. Based upon international textile trade agreements products of China 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.


Robert B. Swierupski

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