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NY J86951




August 28, 2003

CLA-2-61:RR:NC:WA:361 NY J86951

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6104.62.2006; 6104.69.2030; 6109.10.0060; 6110.20.2075

Ms. Leonie Ellyatt
Manuka
9 Hippodrome Place
London W11 4NG

RE: The tariff classification of three pair of women’s knit trousers, a tank top, and a cardigan from Portugal.

Dear Ms. Ellyatt:

In your letter dated July 29, 2003, you requested a tariff classification ruling for five women’s knit garments.

The submitted samples are described as follows:

Style #DSP001 - a pair of women’s trousers constructed from 100% cotton knit fabric. The pull-on pants feature a drawstring waist, and hemmed leg openings.

Style #RT001 - a woman’s racer back tank top constructed from 92% cotton, and 8% spandex knit fabric. The garment extends to the waist and features a U-shaped neckline, shoulder straps measuring approximately 1¾ " in width, an inner “shelf -bra” lining, and a hemmed bottom.

Style #YP001 - a pair of women’s trousers constructed from 92% cotton, and 8% spandex knit fabric. The pull-on trousers feature a wide flat waistband, and hemmed leg openings.

Style #LP001 - a pair of women’s trousers constructed from 92% viscose, and 8% spandex knit fabric. The pull-on pants feature a waist treatment that rolls down, giving the appearance of a sash belt, and hemmed leg openings.

Style #HT002 - a woman’s cardigan constructed from 100% cotton rib knit fabric. The garment features a hood, long sleeves, a full front opening with a zipper closure, pockets with zipper closures at the waist, and a hemmed bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

We are returning your samples as you requested.

The applicable subheading for Style DSP001 (trousers) 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, other, trousers and breeches, women’s, other. The rate of duty will be 15.1% ad valorem.

Style DSP001 (trousers), falls within textile category designation 348. Based upon international textile trade agreements this category, from the Portugal, is not subject to quota restraints or visa requirements.

The applicable subheading for Style RT001 (tank top) will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, women’s or girls’, other, tank tops, women’s. The rate of duty will be 17% ad valorem.

Style RT001 (tank top), falls within textile category designation 339. Based upon international textile trade agreements this category from Portugal is not subject to quota restraints or visa requirements.

The applicable subheading for the Style YP001 (trousers) will be 6104.62.2006, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s trousers, 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 YP001 (trousers) falls within textile category designation 348. Based upon international textile trade agreements this category from Portugal is not subject to quota restraints or visa requirements.

The applicable subheading for Style HT002 (cardigan) will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, of cotton, other, other, women’s. The rate of duty will be 16.9% ad valorem.

Style HT002 (cardigan) falls within textile category designation 339. Based upon international textile trade agreements this category, from Portugal is not subject to quota restraints or visa requirements.

The applicable subheading for Style LP001 (trousers) will be 6104.69.2030, 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 artificial fibers, trousers, breeches and shorts, other, trousers, breeches. The rate of duty will be 28.4% ad valorem.

Style LP001 (trousers), falls within textile category designation 648. Based upon international textile trade agreements this category, from the Portugal, is not subject to quota restraints or visa requirements.

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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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