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NY 806294



Feb. 15, 1995

CLA-2-61:S:N:N5:361 806294

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2010; 6104.62.2030; 6110.20.2075

Ms. Kathy Redey
Eddie Bauer
15010 N..E. 36th Street
Redmond, WA 98052

RE: The tariff classification of a woman's pair of pants, shorts, and pullover from Hong Kong.

Dear Ms. Redey:

In your letter dated January 25, 1995, you requested a tariff classification ruling for three garments. The samples are being returned, as you requested.

The pull-on pants will be imported under styles 6964, 6967 and 7589, and are constructed from 100% cotton heavy weight knit fabric. The pants feature an elasticized waistband with a draw string, side pockets, and elasticized cuffs.

The pull-on shorts will be imported under styles 5899, 6945 and 6953, and are constructed from 100% cotton heavy weight knit fabric. The shorts feature an elasticized waistband with a draw string and side pockets.

The pullover will be imported under styles 10633, 10639, and 10645 and is constructed from 100% cotton heavy weight knit fabric. The pullover features long sleeves and side slits.

You have asked that these garments be classified in heading 6108 as pajamas. You stated that the garments will be merchandised as sleepwear, and as garments that may be worn lounging in the home. Multi-purpose garments are not classified in heading 6108, therefore, these garments will not be classified as pajamas.

The applicable subheading for the pants will be 6104.62.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit trousers of cotton. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the shorts will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shorts of cotton. The rate of duty will be 16.5 percent ad valorem.

The applicable subheading for the pullover will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, and similar articles, knit, of cotton, women's. The rate of duty will be 20.3 percent ad valorem.

The pants and shorts fall within textile category designation 348; the pullover falls within textile category designation 339. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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