United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2001 NY Rulings > NY H80756 - NY H80835 > NY H80782

Previous Ruling Next Ruling
NY H80782




June 6, 2001

CLA-2-61:RR:NC:WA:361 H80782

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6106.

Ms. Linda Moyer
Customs Manager
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a woman’s shirt and pants from Honduras.

Dear Ms. Moyer:

In your letter dated May 18, 2001, you requested a classification ruling for two women’s garments. As you have requested, these garments are being returned to you.

Style 59645 consists of a shirt and matching pants. The garments, which you have referred to as pajamas, are constructed from 100% polyester fleece knit fabric.

The shirt of style 59645 is a woman’s shirt with a baseball collar; long sleeves finished with overlock stitching; and a full front opening with snap closure. The bottom of the shirt is also finished with overlock stitching. The fabric of the shirt has more than ten stitches per centimeter in both the horizontal and vertical directions.

The pull-on pants of style 59645 have an elasticized waistband with a cord drawstring; side seam pockets; and overlock stitching finishing the leg openings.

You have referred to these garments as pajamas, 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 the shirt of style 59645 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 the pants of style 59645 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of synthetic fibers. The rate of duty will be 28.7 percent ad valorem.

The shirt of style 59645 falls within the textile category designation 639; the pants of style 59645 fall within the textile category designation 648. At present these products from Honduras are subject to neither quota restraints nor 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,

Previous Ruling Next Ruling

See also: