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NY L82308




February 24, 2005

CLA-2-61:RR:NC:WA:361 NY L82308

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011

Ms. Michelle Jolley, Classification Analyst Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of a pair of woman’s knit pants from Peru.

Dear Ms. Jolley:

In your letter dated January 27, 2005, you requested a classification ruling for a pair of women’s knit pants. The item will be returned as requested.

The submitted garment, style 5139, is a pair of woman’s knit pull-on pants constructed from 100 percent cotton 1x1 rib knit fabric. The pants have a 1-½ inch elasticized waistband with a drawstring and hemmed leg openings. The garment will also be imported under the same style number with a fiber content of 90 percent cotton, ten-percent polyester rib knit fabric.

You have referred to the submitted garment as “sleepwear pants,” however, based both on appearance and marketing, it appears to be capable of multiple uses. As such, the garment will not be classified as sleepwear in heading 6108.

The applicable subheading for the pullover will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousersknitted or crocheted: Of cotton: Women’s. The duty rate will be 14.9 percent ad valorem.

The pullover falls within textile category designation 348. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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