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NY K80005




November 7, 2003

CLA-2-61:RR:NC:WA:361 NY K80005

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2006; 6106.20.2010

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a pair of women’s knit pants and shirt from Taiwan. Dear Mr. Nagel:

In your letter dated October 8, 2003, you requested a tariff classification ruling for a pair of women’s knit pants and shirt.

The submitted samples are described as follows:

Style CE3012 - a pair of women’s pants constructed from 88% polyester, and 12% spandex jersey knit fabric. The garment features a wide flat elasticized waistband, and hemmed leg openings.

Style CE3030 - a woman’s shirt constructed from 88% polyester and 12% spandex jersey knit fabric. The garment features a hood, long sleeves, a full front opening with a zipper closure and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for Style CE3012, will be 6104.63.2006, 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, breeches and shorts, of synthetic fibers, other, other, trousers and breeches, women’s, containing 5 percent of more by weight of elastomeric yarn or rubber thread. The rate of duty will be 28.4% ad valorem.

Style CE3012 falls within textile category designation 648. Based upon international textile trade agreements this category from Taiwan is subject to quota restraints and visa requirements.

The applicable subheading for the blouse, Style CE3030, will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of man-made fibers, other, women’s. The rate of duty will be 32.3% ad valorem.

The blouse, Style CE3030, falls within textile category designation 639. Based upon international textile trade agreements this category from Taiwan is subject to quota restraints and 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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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