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NY J80893




March 21, 2003

CLA-2-61:RR:NC:WA:361 NY J80893

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010; 6104.62.2011

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of a pair of women’s knit pants and shirt from China.

Dear Mr. Garrett:

In your letter dated February 20, 2003, you requested a tariff classification ruling.

The submitted items, Style #PT3A113S, consists of two garments; one pair of pants and one shirt. Both garments are constructed from 75% cotton, 25% polyester knit fabric. Each garment will be classified separately.

The garments of Style PT3A113S are described as follows:

Pants – The garment features an elasticized waist with a drawstring, and hemmed leg openings.

2. Shirt – The garment features a shirt style collar, long sleeves with hemmed cuffs, slits at both sides, a full front opening with a five-button closure and a hemmed bottom. The fabric of the shirt has more than 10 stitches per centimeter counted in both the horizontal and vertical directions.

We are returning your samples as you requested.

The applicable subheading for the Pants of Style PT3A113S will be 6104.62.2011, 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, trousers, bib and brace overalls, breeches and shorts, of cotton, women’s. The rate of duty will be 15.1% ad valorem.

The Pants of Style PT3A113S fall within the textile category designation 348. Based upon international textile trade agreements, this category from China is subject to visa requirements and quota restraints.

The applicable subheading for the Shirt of Style PT3A113S will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of cotton, women’s. The rate of duty will be 19.8% ad valorem.

The Shirt of Style PT3A113S falls within the textile category designation 339. Based upon international textile trade agreements, this category from China is subject to visa requirements and 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 DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director

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