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NY I82943





June 26, 2002

CLA-2-61:RR:NC:WA:361 NY I82943

CATEGORY: CLASSIFICATION

TARIFF NO.:

Mr. John Imbrogulio, Import Specialist
Nordstrom
Customs Compliance Department
1617 Sixth Avenue, Suite 1000
Seattle WA 98101-0870

RE: The tariff classification of four women’s knit garments from Macau.

Dear Mr. Imbrogulio:

In your letter dated June 5, 2002, you requested a classification ruling for four women’s garments. These items are being returned as you requested..

The four submitted garments are constructed from 100% cotton rib knit fabric.

Style NO55880 is a woman’s knit tank top. It has 1 3/8-inch shoulder straps, a U-shaped neckline in front and back, and a plain, hemmed bottom. The armholes and neckline are finished with capping.

Style NO48901 is a woman’s knit pullover. It has a V-shaped neckline, ¾ length sleeves, and a plain, hemmed bottom. The neckline is finished with capping.

Style NO55882 is a pair of woman’s shorts. The shorts have an elasticized waistband with a drawstring and leg openings finished with capping.

Style NO48902 is a pair of woman’s pants. The pants have an elasticized waistband with a drawstring and leg openings finished with capping.

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 NO55880 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for Tank topsknitted or crocheted: Of cotton: Women’s. The duty rate will be 17.4 percent ad valorem.

The applicable subheading for style NO48901 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Pulloversknitted or crocheted: Of cotton: Women’s or girls’. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for style NO55882 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sshortsknitted or crocheted: Of cotton. The duty rate will be 15.3 percent ad valorem.

The applicable subheading for style NO48902 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’strousersknitted or crocheted: Of cotton. The duty rate will be 15.3 percent ad valorem.

Styles NO55880 and NO48901 fall within textile category designation 339; Styles NO55882 and NO48902 fall within textile category designation 348. Based upon international textile trade agreements products of Macau 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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