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NY B85443





May 28, 1997

CLA-2-61:RR:NC:WA:361 B85443

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6104.62.2030; 6110.20.2075

Ms. Kim Young
Customs Affairs Manager
BDP International, Inc.
2721 Walker, NW
Grand Rapids, MI 49504

RE: The tariff classification of a women's knit pullovers, pants and shorts from Turkey.

Dear Ms. Young:

In your letter dated May 7, you requested a tariff classification ruling for 5 garments on behalf of Meijer, Inc. The garments are being returned, as you requested.

Style 734291 is a woman's long sleeve pullover constructed from 100% cotton knit french terry fabric with more than nine stitches per two centimeters. The pullover features a rib knit neckband, cuffs and waistband, and a rib knit panel on each side extending from under the arms to the waistband.

Style 734293 is a woman's short sleeve pullover constructed from 100% cotton knit french terry fabric with more than nine stitches per two centimeters. The pullover features a rounded neckline, capping finishing the neckline and sleeves, and a plain hemmed bottom.

Style 734292 is a pair of woman's pull-on shorts constructed from 100% cotton knit french terry fabric. The shorts feature a 1.5 inch elasticized waistband with drawstring, and capping finishing the bottom of the leg openings.

Style 734294 is a pair of woman's pull-on pants constructed from 100% cotton knit french terry fabric. The pants feature a 1.5 inch elasticized waistband with drawstring, and a plain hemmed bottom of the leg openings.

Style 734295 is a pair of woman's pull-on pants constructed from 100% cotton knit french terry fabric. The pants feature a 1.5 inch elasticized waistband with drawstring, and rib knit cuffs finishing the bottom of the leg openings.

You have referred to these garments as sleep separates, and have indicated that they are designed for a comfortable fit, and that they will be sold in the intimate apparel department. However, based on the appearance of the garments, and the manner in which similarly styled garments are generally advertised, these items will not be considered sleep separates, classified in heading 6108.

The applicable subheading for style 734292 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 16.2 percent ad valorem.

The applicable subheading for styles 734294 and 734295 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit trousers of cotton. The rate of duty will be 16.2 percent ad valorem.

The applicable subheading for styles 734291 and 734293 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for knit pullovers and similar articles, of cotton, for women. The rate of duty will be 19.4 percent ad valorem.

Styles 734291 and 734293 fall within the textile category designation 339; styles 734292, 734294 and 734295 fall within textile category designation 348. Based upon international textile trade agreements, garments imported from Turkey 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Paul K. Schwartz
Chief, Apparel Branch

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