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NY K86282

June 15, 2004
CLA-2-61:RR:NC:TA:359 K86282


TARIFF NO.: 6104.62.2011; 6110.20.2075

Mr. John Imbrogulio
Nordstrom, Inc.
Customs Compliance Department
1617 Sixth Ave., Suite 1000
Seattle, WA 98101-1742

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

Dear Mr. Imbrogulio:

In your letter dated May 21, 2004, you requested a tariff classification ruling.

You submitted three samples of women’s knit garments that are constructed from 60% cotton, 40% rayon, 2x2 rib knit fabric. The outer surface of the three garments measures more than 9 stitches per 2 centimeters in the horizontal direction. Style NO90775 is a pair of pants that feature an elastic waist and long leg openings with ribbed bottoms.

Style NO90773 is a pullover that features a round neckline, long sleeves with ribbed cuffs, and a hemmed bottom. The neckline is finished with elastic capping.

Style NO90772 is a sleeveless pullover that features a scoop V-neckline and a hemmed bottom. The neckline and the armholes are finished with elastic capping.

Although you suggest that style NO90772 be classified in item 6109.10.0060 (HTS), it is precluded from heading 6109 (HTS) because it does not have the tank top silhouette.

Your samples are being returned as requested.

The applicable subheading for the pants will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers, knitted: of cotton: other: trousers and breeches: women’s: other. The rate of duty will be 14.9% ad valorem.

The subheading for each pullover will be 6110.20.2075, which provides for pullovers, knitted: of cotton: otherother: women’s. The rate of duty will be 16.5% ad valorem.

The pants fall within textile category designation 348. The two pullovers fall in category 339. 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.cbp.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 Mike Crowley at 646-733-3049.


Robert B. Swierupski

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