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NY H89197




April 4, 2002

CLA-2-61:RR:NC:WA:361 NY H89197

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006; 6110.30.3055

Ms. Bettina Csekme
Import Logistics & Compliance – HQ 2
Spiegel Imports
3500 Lacey Road
Downers Grove, Il 60515

RE: The tariff classification of a woman’s pullover, and pants from China.

Dear Ms. Csekme:

In your letter dated March 13, 2002, you requested a classification ruling for two women’s garments. These items are being returned as you requested..

Style 05-1103k is made up of a pullover and pants. The garments are constructed from 90% polyester, 10% spandex knit pile fabric that you have described as velvet. The pullover has a shawl collar, a v-neckline, long sleeves, and a hemmed bottom with side slits. The collar has a satin backing. The pants have an elasticized waistband and hemmed leg openings.

You have referred to these garments as pajamas, however, based on their appearance, the are capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

The applicable subheading for the pullover of style 05-1103k will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pulloversknitted or crocheted: Of Man-made fibers: Other: Women’s. The duty rate will be 32.4 percent ad valorem.

The applicable subheading for the pants of style 05-1103k will be 6104.63.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of Man-made fibers: Containing five percent or more by weight of elastomeric yarn or rubber thread. The duty rate will be 28.6 percent ad valorem.

The pullover of style 05-1103k falls within textile category designation 639; the pants of style 05-1103k fall within textile category designation 648. Based upon international textile trade agreements products of China 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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