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NY K84693




April 22, 2004
CLA-2-61:RR:NC:WA:361 NY K84693

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020

Mr. Brian Bernarding, Inbound Traffic Analyst Dick’s Sporting Goods
200 Industry Drive
RIDC Park West
Pittsburgh, PA 15275

RE: The tariff classification of two pair of women’s woven pants from Sri Lanka and China.

Dear Mr. Bernarding:

In your letter dated March 31, 2004, you requested a classification ruling for two pair of women’s pants. The items will be returned as requested.

Style WOA00112 is a pair of women’s capri length pants constructed from 100 percent cotton woven fabric. The pull-on pants have an elasticized waistband with a drawstring, and a plain, hemmed bottom.

Style WOA00113 is also a pair of women’s pants constructed from 100 percent cotton woven fabric. The pull-on pants have an elasticized waistband and a plain, hemmed bottom.

You have referred to these garments as sleepwear, however, based both on their appearance, and the manner in which they are marketed, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6208.

The applicable subheading for styles WOA00112 and WOA00113 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 16.6 percent ad valorem.

Styles WOA00112 and WOA00113 fall within textile category designation 348. Based upon international textile trade agreements, products of Sri Lanka and China 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.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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