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NY J86872




August 7, 2003

CLA-2-61:RR:NC:WA:361 NY I86872

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020; 6204.62.4055

Ms. Jennifer Scott, Customs Compliance Manager Expeditors Int’l of Washington, Inc.
21318 64th Avenue South
Kent, WA 98032

RE: The tariff classification of women’s pants and shorts from China or India.

Dear Ms. Scott:

In your letter dated July 21, 2003, you requested a classification ruling for women’s pants and shorts on behalf of G Star Apparel Inc. The garments are being returned as you requested.

Style FG1103-01 is a pair of women’s pants constructed from 100 percent cotton woven fabric. The pull-on pants have an elasticized waistband with a drawstring, a rear patch pocket, and hemmed leg openings.

Style FG1103-06 is a pair of women’s shorts constructed from 100 percent cotton woven fabric. The pull-on shorts have an elasticized waistband and hemmed leg openings.

Although you have referred to these items as pajama pants and pajama shorts, neither their appearance nor the information provided concerning design, marketing and sale to the ultimate consumer, supports that assertion. Therefore, these garments will not be classified the heading for pajamas and sleepwear, which is limited to garments worn solely in intimate contexts.

The applicable subheading for the pants will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers: Of Cotton. The duty rate will be 16.7 percent ad valorem. The applicable subheading for the shorts will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sshorts: Of Cotton. The duty rate will be 16.7 percent ad valorem.

Both the pants and the shorts fall within textile category designation 348. Based upon international textile trade agreements products of China and India 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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