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NY I89514




February 6, 2003

CLA-2-61:RR:NC:WA:361 NY I89514

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2006; 6104.62.2030; 6110.20.2075

Ms. Gina Bies
Carole Hochman
801 Foresman Street
Williamsport, PA 17701

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

Dear Ms. Bies:

In your letter dated December 9, 2002, on behalf of your client Nine & Company, you requested a classification ruling for four women’s garments.

The first submitted sample, a woman’s pullover will be imported under Style #436547. The garment is constructed from 95% cotton, 5% spandex knit fabric and features a v-shaped neckline with elasticized capping, short sleeves, and a hemmed bottom. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction.

The second submitted sample, a pair of women’s shorts, will be imported under Style #437547. The garment is constructed from 95% cotton, 5% spandex knit fabric and features a waistband with a drawstring cord, and short hemmed leg openings.

The third submitted sample, a pair of women’s pants, will be imported under Style #438547. The garment is constructed from 95% cotton, 5% spandex knit fabric and features a waistband with a drawstring cord, and hemmed leg openings.

The fourth submitted sample, a woman’s pullover, will be imported under Style #432547. The sleeveless garment is constructed from 95% cotton, 5% spandex knit fabric and features a High boat neckline, and a hemmed bottom. The top also has elasticized capping around the neckline and armholes. The outer surface of the garment measures more than 9 stitches per 2 centimeters in the horizontal direction. Although you have indicated that the garments will be sold as sleepwear, based on appearance, they are multi-use garments. As such, they are not classified in heading 6108, which is limited to garments worn solely in intimate contexts.

We are returning your samples as you requested.

The applicable subheading for Style #438547 (Pants) will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear) knitted or crocheted, of cotton, other, trousers and breeches, women’s, containing 5 percent or more by weight of elastomeric yarn or rubber thread. The rate of duty will be 15.1% ad valorem.

Style 438547, falls within textile category designation 348. Based upon international textile trade agreements, this category from Moldova is not subject to the visa requirements or quota restraints.

The applicable subheading for Style 437547(Shorts), will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s shorts, knitted or crocheted, of cotton, shorts, women’s. The rate of duty will be 15.1% ad valorem.

Style 437547, falls within textile category designation 348. Based upon international textile trade agreements this category, from Moldova is not subject to visa requirements or quota restraints.

The applicable subheading for Styles 436547 & 432547 (Pullovers), will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted, of cotton, women’s. The rate of duty will be 16.9% ad valorem.

Styles 436547 & 432547 fall within the textile category designation 339. Based upon international textile trade agreements, this category from Moldova is not subject to visa requirements or quota restraints.

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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