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NY K84624




April 30, 2004
CLA-2-61:RR:NC:WA:361 NY K84624

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011

Mr. Kevin Maher
CAir Customhouse Brokers
International Freight Forwards
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of a pair of women’s knit pants from Turkey and Macedonia.

Dear Mr. Maher:

In your letter dated March 25, 2004, on behalf of your client Delta Galil USA, Inc., you requested a tariff classification ruling.

The submitted sample Style #JF-001-B, is a pair of women’s pants constructed from 100% cotton knit fabric. The pull-on pants feature an elasticized waistband with a drawstring, a screen-printed design on the front panel of the left leg, and hemmed leg openings.

You have referred to the submitted garment as sleepwear, however, based on appearance, it seems to be capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which it is marketed and sold, this garment will not be classified as sleepwear in heading 6108.

We are returning your sample as you requested.

The applicable subheading for Style JF-001-B 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 14.9% ad valorem.

Style JF-001-B falls within textile category designation 348. Based upon international textile trade agreements this category, from Turkey is presently subject to quota restraints and visa requirements. This category from Macedonia is subject to 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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