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NY E87364




October 29, 1999

CLA-2-61:RR:NC:WA:361 E87364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6106.10.0010; 6108.31.0010; 6110.20.2075

Mr. John Imbrogulio
Nordstrom
1617 Sixth Avenue, Suite 1000
Seattle, WA 98101

RE: The tariff classification of a woman’s knit blouse, pullover, nightgown and pants from Hong Kong.

Dear Mr. Imbrogulio:

In your letter dated September 20, 1999, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style 4616 – a woman’s blouse constructed from 100% cotton knit fabric. The garment features a V-neckline, a full front opening with a 6 button right over left closure, and long sleeves with hemmed cuffs. The blouse also has a hemmed bottom and lace trim around the neckline, down the front opening and around the cuffs. The garment also measures more than 10 stitches per centimeter in both the vertical and horizontal direction.

Style 4617 – a woman’s pullover constructed from 100% cotton knit fabric. The garment features a boat neckline, short sleeves, a hemmed bottom and lace trim around the neckline and sleeves.

Style 6592 – a woman’s nightgown constructed from 100% cotton knit fabric. The garment features a boat neckline, spaghetti straps, and a hemmed bottom.

Style D8614 - a pair of women’s pants constructed from 100% cotton knit fabric.

The garment features an enclosed drawstring waistband, a fly front with a 3 button left over right closure, and hemmed leg openings.

As noted above, the trousers have a left over right closure. Chapter 61, note 9 states, in part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

As this garment has a left over right closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the trousers will be classified as a woman’s garment.

We are returning your samples are you requested.

The applicable subheading for the Blouse, Style 4616 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, Of cotton, Women’s. The rate of duty will be 20.4 percent ad valorem.

The applicable subheading for the Pullover, Style 4617 will be 6110.20.2075 Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, Of cotton, other, other, Women’s or girls’. The rate of duty will be 18.6 percent ad valorem.

Style 4616 and 4617 fall within textile category designation 339. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The applicable subheading for the Nightgown, Style 6592 will be 6108.31.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ nightdresses and pajamas and similar articles, knitted or crocheted:Nightdresses and pajamas:Of cotton, Women’s. The rate of duty will be 8.8 percent ad valorem.

Style 6592 falls within textile category designation 351. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa. The applicable subheading for the Pants, Style d8614 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted:Trousers, bib and brace overalls, breeches and shorts:Of cotton:Other, Trousers and breeches:Women’s:Other. The rate of duty will be 15.8 percent ad valorem.

Style 6592 falls within textile category designation 348. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

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 at the Customs Web Site at Error! Bookmark not defined..

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Angela DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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