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NY K89743




October 21, 2004

CLA-2-61:RR:NC:WA:361 NY K89743

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060; 6110.20.2075; 6104.62.2030; 6104.62.2011

Ms. Peggy Montonera
Sear, Roebuck and Company
3333 Beverly Rd
Hoffman Estates, IL 60179

RE: The tariff classification of four women’s garments from Hong Kong.

Dear Ms. Montonera:

In your letter dated September 15, 2004, you requested a classification ruling for four women’s garments.

The submitted samples are described as follows:

Style #1000M - a woman’s racer back tank top constructed from 80% cotton and 20% polyester terry knit fabric. The garment extends below the waist and features a modified U-shaped neckline in front, shoulder straps measuring approximately 1½" in width, an embroidered design on the front panel, and a hemmed bottom.

Style #1001M - a woman’s pullover constructed from 80% cotton and 20% polyester terry knit fabric. The sleeveless garment features a hood, a front pocket at the waist with an embroidered design, a v-shaped jersey knit patch at the front neckline, and a wide rib knit bottom. The outer surface of the garment measures more than nine stitches per two centimeters in the horizontal direction.

Style #2000M – a pair of women’s shorts constructed from 80% cotton, and 20% polyester terry knit fabric. The garment features a wide elasticized waistband with a drawstring, an embroidered design on the front panel, and hemmed leg openings.

Style #2001M – a pair of women’s crop pants constructed from 80% cotton, and 20% polyester terry knit fabric. The garment features a wide elasticized waistband, five belt loops with a self –fabric tie. The pants and belt are considered a composite good. The essential character is provided by the pants.

We are returning your samples as you requested.

The applicable subheading for the tank top, Style 1000M, will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar garments, knitted or crocheted, of cotton, women’s, tank tops. The rate of duty will be 16.5% ad valorem.

The tank top, Style 1000M, falls within the textile category designation 339. Based upon international textile trade agreements, category 339 from Hong Kong is subject to visa requirements and quota restraints.

The applicable subheading for the pullover, Style 1001M 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 16.5% ad valorem.

The pullover, Style 1001M, falls within textile category designation 339. Based upon international textile trade agreements, this category from Hong Kong is subject to quota restraints and visa requirements.

The applicable subheading for the shorts, Style 2000M will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s shorts, knitted or crocheted:Of cotton, shorts, women’s. The duty rate will be ad valorem. The duty rate will be 14.9% ad valorem.

The shorts, Style 2000M, fall within textile category designation 348. Based upon international textile trade agreements, this category from Hong Kong is presently subject to quota restraints and visa requirements.

The applicable subheading for Style 2001M 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 2001M falls within textile category designation 348. Based upon international textile trade agreements this category, from Hong Kong is presently 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,
National Commodity

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