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NY H80703





May 30, 2001

CLA-2-61:RR:NC:TA:361 H80703

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6106.20.2010; 6110.30.3055

Ms. Julie Gimm
BDP International Inc.
2721 Walker N.W.
Grand Rapids, MI 49504

RE: The tariff classification of three women’s garments from the United Arab Emirates.

Dear Ms. Gimm:

In your letter dated May 10, 2001, you requested a classification ruling for three women’s garments on behalf of Meijer Distribution. Samples were provided and will be returned, as you requested.

The three garments are constructed from 100% polyester knit fleece fabric.

Style 733972 is a pair of pants with a drawstring and elasticized waistband; a rear patch pocket; and hemmed leg openings.

Style 733971 is a shirt with a rounded neckline; a full front opening with button closure; long hemmed sleeves; and a plain, hemmed bottom.

Style 733970 is a pullover with a rounded neckline; long hemmed sleeves; and a plain hemmed bottom.

You have referred to these garments as sleepwear, however, based on appearance, they seem to be capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6108.

The applicable subheading for style 733971 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s blouses and shirts, knitted or crocheted, of man-made fibers. The rate of duty will be 32.8 percent ad valorem.

The applicable subheading for style 733970 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s pullovers, knitted or crocheted, of man-made fibers. The rate of duty will be 32.7 percent ad valorem.

The applicable subheading for style 733972 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit trousers of synthetic fibers. The rate of duty will be 28.7 percent ad valorem.

Styles 733971 and 733970 fall within textile category designation 639; style 733972 falls within textile category designation 648. Based upon international textile trade agreements products of the United Arab Emirates 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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