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NY J81754




April 18, 2003

CLA-2-61:RR:NC:WA:361 NY J81754

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011

Mr. Bernard Seah, Corporate Manager
Ghim Li Global PTE. LTD.
No. 41 Changi South Avenue 2
Singapore, 486153

RE: The tariff classification of a pair of women’s trousers and a pair of women’s shorts.

Dear Mr. Seah:

In your letter dated March 18, 2003, you requested a classification ruling for two women’s garments. The samples were previously submitted in conjunction with requests for country of origin determination rulings.

Style 68105 is a pair of women’s trousers constructed from 100 percent cotton knit fabric. The trousers have an elasticized waistband; a false fly opening backed by a gusset with a lace up closure; two 2-inch side panels edged with piping and lace trim; and leg openings finished with overlock stitches.

Style 68117 is a pair of women’s shorts constructed from 100 percent cotton knit fabric. The shorts have an elasticized waistband with a drawstring; two side panels; and leg openings finished with overlock stitches.

You have requested that the garments be classified in heading 6108 as “pyjama pants,” 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 68105 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’strousers knitted or crocheted: Of cotton. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for style 68117 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sshorts knitted or crocheted: Of cotton. The duty rate will be 15.1 percent ad valorem.

The trousers and shorts fall within textile category designation 348. Based upon international textile trade agreements products of certain countries 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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