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May 6, 1999

CLA-2-61:RR:NC:WA:361 E80318

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2010; 6104.62.2030; 6110.20.2075

Mr. John Imbrogulio,
Import Specialist
Nordstrom Inc.
1321 Second Avenue
Seattle, WA 98102

RE: The tariff classification of three women’s knit garments from Hong Kong.

Dear Mr. Imbrogulio:

This letter replaces ruling letter NY D88287 issued to you on March 31, 1999. You have indicated that the style number listed for one of the garments was incorrect. Specifically, style number d9724c was incorrectly shown as d8724c.

Style d9724c is a woman’s pullover of 100% cotton rib knit fabric. The pullover, which extends to the waist, has a v-neckline; short hemmed sleeves; and a hemmed bottom. Although you have referred to the garment as “cropped,” it does reach the waist.

Style d8598c is a pair of woman’s shorts of 100% cotton rib knit fabric. The shorts have an enclosed drawstring waistband; a fly front opening with a 3 button left over right closure; and hemmed leg openings.

Style d8599c is a pair of woman’s pants of 100% cotton rib knit fabric. The pants have an enclosed drawstring waistband; a fly front opening with a 3 button left over right closure; and hemmed leg openings.

Notwithstanding the fact that the shorts and the pants have a left over right closure, you have provided documentation to show that the garments are cut for a woman. Therefore, in accordance with chapter 61, note 9, the shorts and pants are considered women’s garments.

The applicable subheading for the pullover 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 shorts 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 15.8 percent ad valorem.

The applicable subheading for the pants 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 shorts and pants fall within textile category 348. Based upon international textile trade agreements, products of 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 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,
National Commodity

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