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NY J89224




October 20, 2003

CLA-2-62:RR:NC:N3:360 J89224

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3510; 6211.42.0056; 6211.43.0060

Ms. Alice Liu
Atico International USA, Inc.
P.O. Box 14368
Ft. Lauderdale, FL 33302

RE: The tariff classification of women's shirts and pants from Thailand

Dear Ms. Liu:

In your letter dated September 16, 2003, you requested a ruling on tariff classification. The samples submitted with your request will be returned to you under separate cover.

Style B62A3606 is a pair of women’s pants constructed from 65 percent polyester and 35 percent cotton woven fabric. The pants feature a drawstring waist, side front pockets and long hemmed legs.

Style B62A3607 is woman’s shirt constructed from 65 percent polyester and 35 percent cotton woven fabric. The pullover shirt features short sleeves, a V-neckline, side vents and two patch pockets below the waist.

Style B62A3608 is a woman’s shirt constructed from 100 percent cotton woven fabric. The styling is identical to the above.

You have described the garments as “unisex.” Unisex garments are classified based on the requirements of Chapter 62, note 8, which states, in part:

Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.

Since the garments cannot be identified as either men’s or women’s garments, they are classified as women’s garments in Chapter 62.

The applicable subheading for style B62A3606 will be 6204.63.3510, 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): trousers, bib and brace overalls and shorts: of synthetic fibers: other: other: other: other: trousers and breeches: women’s. The rate of duty will be 28.8 percent ad valorem.

The applicable subheading for style B62A3608 will be 6211.42.0056, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206: other. The rate of duty will be 8.2 percent ad valorem.

The applicable subheading for style B62A3607 will be 6211.43.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women’s or girls’: of man-made fibers: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments excluded from heading 6206. The rate of duty will be 16.1 percent ad valorem.

Style B62A3606 falls within textile category designation 648; style B62A3608 falls within textile category designation 341; and style B62A3607 falls within textile category designation 641. Based upon international textile trade agreements products of Thailand are currently subject to quota restraints 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 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.).

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 Patricia Schiazzano at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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