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NY C89376


July 8, 1998

CLA-2-61:RR:NC:WA:361 C89376

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010; 6104.62.2011; 6104.62.2030; 6110.20.2075; 6114.20.0060

Mr. Yoon Lee

Vice President

Regaliti, Inc.

1407 Broadway

New York, NY 10018

RE: The classification of women's knit garments from Hong Kong.

Dear Mr. Lee:

In your letter dated June 18, 1998, you requested a classification ruling for five women's knit garments. The garments are being returned, as you requested.

Style N521 is a pullover constructed from 60% cotton, 40% polyester rib knit fabric. The fabric weight is approximately 230g/m2. The pullover features a band neckline with picot edging, short hemmed sleeves, two inch side slits, and a hemmed bottom.

Style N524 is a dress constructed from 60% cotton, 40% polyester rib knit fabric. The fabric weight is approximately 230g/m2. The sleeveless dress features 1/4 inch shoulder straps, picot edging at the neckline, and a hemmed bottom.

Style N522 is a pair of pull-on pants constructed from 60% cotton, 40% polyester rib knit fabric. The fabric weight is approximately 230g/m2. The long legged pants feature a two inch elasticized and drawstring waistband and a hemmed bottom.

Style N519 is a pair of pull-on shorts constructed from 60% cotton, 40% polyester rib knit fabric. The fabric weight is approximately 230g/m2. The shorts feature a two inch elasticized and drawstring waistband and a hemmed bottom.

Style N523 is a knit pull-on lower body garment constructed from 60% cotton, 40% polyester rib knit fabric. The fabric weight is approximately 230g/m2. The garment, cut similar to briefs, features a one-inch exposed elasticized waistband and banded leg openings.

Although you have referred to the submitted samples as pajamas, nightgowns, and pajama pants, the information provided does not support your claim. Therefore, these garments will not be classified in heading 6108, but in the specific headings for each garment.

The applicable subheading for style N521 will be 6110.20.2075 Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted, of cotton. The rate of duty will be 19 percent ad valorem.

The applicable subheading for style N524 will be 6104.42.0010 Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses, knitted or crocheted, of cotton. The rate of duty will be 11.9 percent ad valorem.

The applicable subheading for style N522 will be 6104.62.2011 Harmonized Tariff Schedule of the United States (HTS), which provides for women's trousers, knitted or crocheted, of cotton. The rate of duty will be 16 percent ad valorem.

The applicable subheading for style N519 will be 6104.62.2030 Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts, knitted or crocheted, of cotton. The rate of duty will be 16 percent ad valorem.

The applicable subheading for style N523 will be 6114.20.0060 Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, women's. The rate of duty will be 11.2 percent ad valorem.

Style N521 falls within textile category designation 339; style N524 falls within textile category designation 336; style N522 falls within textile category designation 348; style N519 falls within textile category designation 348; style N523 falls within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and quota restraints.

Please note that upon importation, garments may be subject to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. A slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garments.

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,


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