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NY F89514




August 16, 2000

CLA-2-61:RR:NC:WA:361 F89514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010; 6104.63.2006; 6109.90.1065

Ms. Gail T. Cummins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, NY 10004

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

Dear Ms. Cummins:

In your letter dated July 7, 2000 you requested a classification ruling for three women’s knit garments on behalf of Calvin Klein Sleepwear, a division of Warnaco, Inc. The samples are being returned, as you requested.

The three garments are constructed from 50% polyester, 40% nylon, 10% elastane knit pile fabric.

Style S3016, a woman’s ankle length dress, has spaghetti straps that cross in the back and extend to the waist; a V-neckline in front; and a hemmed bottom.

Style S3017, a woman’s modified racer back tank top, has 1¼-inch shoulder straps; a v-neckline in front; and a hemmed bottom.

Style S3018, a pair of woman’s pull-on pants, has an elasticized waistband with a drawstring; and hemmed leg openings.

Although you have described the garments as sleepwear, based on the physical characteristics and the appearance of the garments, as well as the information concerning design and marketing, we do not believe they are intimate garments of heading 6108.

The applicable subheading for style S3016 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women'sdressesknitted or crocheted: Of synthetic fibers. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for style S3017 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for tank topsknitted or crocheted: Of synthetic fibers: Women’s. The rate of duty will be 32.8 percent ad valorem.

The applicable subheading for style S3018 will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women'strousersknitted or crocheted: Of synthetic fibers: Containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.9 percent ad valorem.

Style S3016 falls within the textile category designation 636; style S3017 falls within the textile category designation 639; style S3018 falls within the textile category designation 648. Based upon international textile trade agreements, garments imported from China are subject to a visa requirement and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

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 De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

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