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NY 812190



July 28, 1995

CLA-2-61:S:N:N5:361 812190

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2010; 6104.62.2030; 6106.10.0010; 6108.91.0030

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

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

Dear Ms. Redey:

In your letter dated June 28, 1995, you requested a tariff classification ruling for four garments. The samples are being returned, as you requested.

All of the garments are constructed from 100% cotton, knit, french terry fabric. Style 10630 (which will also be imported under styles 10632 and 10668) is a pair of pull on pants with an elasticized waistband. Style 10547 (which will also be imported under styles 10554 and 10574) is a pair of pull on shorts with an elasticized and drawstring waistband. Style 0040 (also styles 0207 and 0300) is a woman's pullover shirt with a two button partial placket opening, and right over left closure. It features a rounded collarless neckline, long sleeves, a single breast patch pocket on the left side and side slits. The fabric of the shirt contains more than ten stitches per centimeter in each direction. Style 1200 (also styles 12011 and 12030) is a pullover, ankle length robe featuring a hood, long sleeves, a large kangaroo pocket, and side slits.

Although you have indicated that the shirt, shorts and pants will be advertised and sold as pajamas, the appearance of the garments themselves indicates that they are more likely to be worn as loungewear, rather than as garments intended to be worn to bed for sleeping.

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 shirt will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shirts of cotton. The rate of duty will be 20.9 percent ad valorem.

The applicable subheading for the robe will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit trousers of cotton. The rate of duty will be 9 percent ad valorem.

The trousers and shorts fall within textile category designation 348; the shirt falls within textile category designation 339; the robe falls within textile category designation 350. Based upon international textile trade agreements, garments imported from Hong Kong are subject to a visa requirement and quota restraints.

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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