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May 10, 1999

CLA-2-61:RR:NC:WA:361 D89995

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6110.20.2075

Mr. Jason Tu
Atrium Buying Corp.
620 Commerce Court Drive
Columbus, OH 43004

RE: The tariff classification of two women’s knit garments from China.

Dear Mr. Tu:

In your letter which we received on March 25, 1999, you requested a classification ruling for two women’s knit garments. The samples are being returned, as you requested.

Style 976 is composed of two garments, a pullover and a pair of pants. Both garments are constructed from a knit pile fabric, with an overall fiber content of 70% cotton, 30% polyester.

The pullover portion of this style features a turtle neck, long hemmed sleeves, and a hemmed bottom. The pull-on pants feature an elasticized waistband and hemmed leg openings. You have referred to the garments as women’s pajamas, but have indicated that they will be used principally as indoor loungewear. The garments, therefore, will be not be classified as intimate apparel in heading 6108, but under the headings for the specific garments.

In addition, you have indicated that the fiber content of the pile is 100% cotton, the fiber content of the ground fabric is 60% cotton, 40% polyester, and the overall fiber content is 70% cotton, 30% polyester. Section XI, Subheading Note 2 states (in part): 2.(A) Products of chapters 56 to 63 containing two or more textile materials are to be regarded as consisting wholly of that textile material which would be selected under note 2 to this section for the classification of a product of chapters 50 to 55 consisting of the same textile materials. (B) For the application of this rule:
(b) In the case of textile products consisting of a ground fabric and a pile or looped surface no account shall be taken of the ground fabric; Therefore, based on the fiber content of the pile surface, the garments are considered to be “of cotton.”

The applicable subheading for the pullover of style 976 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers...knitted or crocheted, of cotton...women’s or girls’. The rate of duty will be 18.6 percent ad valorem.

The applicable subheading for the pants of style 976 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 15.8 percent ad valorem.

The pullover falls within textile category designation 339; the pants fall within textile category 348. Based upon international textile trade agreements, products of China 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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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