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NY H81245




June 19, 2001

CLA-2-61:RR:NC:TA:361 H81245

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6104.62.2030; 6110.20.2075; 6114.20.0010

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

RE: The tariff classification of women’s garments from Taiwan.

Dear Ms. Gimm:

In your letter dated May 24, 2001, you requested a classification ruling for women’s garments on behalf of Meijer Distribution. Samples were provided and will be returned, as you requested.

Six styles were submitted. All of the garments are constructed from 60% cotton, 40% polyester knit fabric. Please note, for future reference, that ruling requests are limited to five (5) items in accordance with part 177 of the Customs Regulations (19 C.F.R. 177.2(b)(2)(ii)).

Style 733796 is a pair of women’s pull-on shorts. The shorts have an elasticized waistband with a drawstring and hemmed leg openings with picot trim.

Style 733795 is a pair of women’s pull-on pants. The pants have an elasticized waistband with a drawstring and hemmed leg openings.

Style 733794 is a pair of women’s pull-on pants. The pants have an elasticized waistband with a drawstring; hemmed leg openings with a four-inch side slit; and an embroidered design at the bottom of each leg.

Style 733797 is a woman’s sleeveless top. The top has ½ inch shoulder straps; a modified U-shaped neckline in front; a back top edge that is cut straight across from side seam to side seam; picot trim around the front neckline; an embroidered design on the front panel; and a plain, hemmed bottom.

Style 733798 is a woman’s pullover. The pullover has a v-shaped neckline with picot edging; long hemmed sleeves; an embroidered design on the front panel; and a plain, hemmed bottom.

Style 733793 is a woman’s cardigan. The cardigan has a v-shaped neckline; a full front opening with snap closures; long hemmed sleeves; an embroidered design on both front panels; and a hemmed bottom with four inch side slits.

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 733796 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shorts of cotton. The rate of duty will be 15.4 percent ad valorem.

The applicable subheading for styles 733794 and 733795 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 styles 733793 and 733798 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit sweaters, pullovers and similar articles of cotton. The rate of duty will be 17.8 percent ad valorem.

The applicable subheading for style 733797 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit tops of cotton. The rate of duty will be 11 percent ad valorem.

Styles 733794, 733795 and 733796 fall within textile category designation 348; styles 733793, 733797 and 733798 fall within textile category designation 339. Based upon international textile trade agreements products of Taiwan 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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