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NY G85411





February 6, 2001

CLA-2-61:RR:NC:TA:361 G85411

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6114.20.0010; 6114.20.0040; 6204.62.4020; 6206.30.3010

Ms. Darlena Brightwell, Buyer
ISDA & Co.
29 South Park
San Francisco, CA 94107

RE: The tariff classification of women’s garments with self-fabric carrying bag from Hong Kong.

Dear Ms. Brightwell:

In your letter dated December 15, 2000, you requested a classification ruling for several women’s garments. The samples will be returned, as you requested.

Style 3112B11 is a woman’s romper constructed from 100% cotton knit fabric. The romper has a partial front opening with snap closure; roll-up short sleeves; a kangaroo pocket; and hemmed leg openings.

Style 3112A13 is composed of a top and pants, constructed from 100% cotton knit fabric. The top has elasticized ¼ inch shoulder straps; a fully lined bodice (front and back); a drawstring just below the bodice; and overlock stitch finishing the bottom edge. The capri length pants have a drawstring and elasticized waistband, and hemmed leg openings with picot trim.

Style 3112D12 is composed of a shirt and pants, constructed from 100% cotton woven fabric. The shirt has a collar; short sleeves; a full front opening with button closure; and a hemmed bottom with side slits extending upward approximately two inches. The capri length pants have an elasticized and drawstring waistband and hemmed leg openings.

Although you have referred to these garments as sleepwear, it is clear, based both on their appearance and on the manner in which they are designed, and will be marketed and sold, that they are multi-use garments. Therefore, they are not classified as sleepwear in heading 6108/6208.

Each style will be imported with a carrying bag. The fabric of the bag will match the fabric of the pants for styles 3112A13 and 3112D12. The fabric of the bag will match the romper for style 3112B11.

The romper and carrying bag, as well as the pants and carrying bag, are considered a composite good in accordance with General Rules of Interpretation 3(b). The essential character is provided by the romper and the pants, therefore, both the garment and the carrying bag will be classified under the HTS number for the garment

The applicable subheading for style 3112B11 will be 6114.20.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: sunsuitsand similar apparel: women's or girls’. The rate of duty will be 11 percent ad valorem.

The applicable subheading for the top of style 3112A13 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: women's or girls’. The rate of duty will be 11 percent ad valorem.

The applicable subheading for the pants of style 3112A13 and the matching carrying bag will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit ...trousers of cotton. The rate of duty will be 15.4 percent ad valorem.

The applicable subheading for the shirt of style 3112D12 will be 6206.30.3010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sshirts:Of cotton: With two or more colors in the warp and/or the filing. The rate of duty will be 15.7 percent ad valorem.

The applicable subheading for the pants of style 3112D12 and the matching carrying bag will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's ...trousers: Of cotton. The rate of duty will be 16.9 percent ad valorem.

Style 3112A13 falls within textile category designation 237; the top of style 3112A13 falls within textile category designation 339; the shirt of style 3112D12 falls within textile category designation 341; the pants of styles 3112A13 and 3112D12 along with their carrying bags fall within textile category designation 348. Based upon international textile trade agreements these products of Hong Kong are subject to quota and the requirement of a visa.

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
Director,

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