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NY D82624




October 20, 1998

CLA-2-61:RR:NC:WA:361 D82624

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0040; 6204.62.4020

Ms. Teresa Raffa
Customs Specialist
AMC
1440 Broadway
New York, NY 10018

RE: The tariff classification of women's knit t-shirt and woven pants from India.

Dear Ms. Raffa:

In your letter received on September 23, 1998, you requested a classification ruling for a t-shirt and woven pants. The samples are being returned, as you requested.

Style 16384 is a woman's knit t-shirt constructed from 100% cotton jersey knit fabric. The t-shirt features short sleeves, a crew neckline, and hemmed bottom.

Style 16380 is pair of women's pants constructed from 100% cotton seersucker woven fabric. The long legged pants feature an elasticized waistband with a drawstring, and a hemmed bottom.

Although you have referred to the submitted samples as pajamas, the information provided does not support your claim. Therefore, these garments will not be classified in heading 6208, but in the specific headings for pants and t-shirts.

The applicable subheading for styles 16384 will be 6109.10.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for t-shirts, knit of cotton, women's. The rate of duty will be 19.2 percent ad valorem.

The applicable subheading for styles 16380 will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's trousers of cotton. The rate of duty will be 17.3 percent ad valorem.

The t-shirt falls within textile category 339; the pants fall within textile category 348. Based upon international textile trade agreements, products of India 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 Part 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,

Robert B. Swierupski

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