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NY L86719




September 13, 2005

CLA-2-61:RR:NC:TA:359 L86719

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6104.63.2011; 6104.43.2010; 6110.30.3055

Ms. Stephanie Clark
Agra-Services Brokerage
221-20 147th Avenue
Jamaica, NY 11413

RE: The tariff classification of five women’s knit garments from China

Dear Ms. Clark:

In your letter dated August 12, 2005, you requested a classification ruling on behalf of Augusta Silk Inc., Edison, NJ. As requested, your samples are being returned to you.

Style 094310 is a woman’s shirt constructed from 92% polyester, 8% spandex velour knit fabric. The outer surface of the garment measures more than ten stitches per centimeter in both directions. The garment features a round neckline, a partial front opening with five button closures, long hemmed sleeves, and a hemmed bottom with two 8-inch side slits.

Styles 094433 and 094434 are pairs of women’s pants constructed from 92% polyester, 8% spandex velour knit fabric. The pairs of pants feature elastic waistbands and hemmed leg openings.

Style 094084 is a woman’s dress constructed from 92% polyester, 8% spandex velour knit fabric. The dress features a round neckline, a partial front opening with five button closures, long hemmed sleeves, and a hemmed bottom with 19-inch side slits. The garment extends from the shoulder to the ankle area.

Style 094092 is woman’s cardigan constructed from 92% polyester, 8% spandex knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction in which the stitches were formed. The garment features a hood, a full front zippered opening, long hemmed sleeves, two side pockets, and a banded bottom that does not provide a tightening at the waist.

You have requested classification of all of the garments in heading 6108 as sleepwear. However, based on the garments’ appearance, they can clearly be worn as non-intimate apparel. As such, the garments will not be classified as sleepwear in heading 6108.

The applicable subheading for style 094310 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 duty rate will be 32% ad valorem.

The applicable subheading for styles 094433 and 094434 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: trousers and breeches: women’s: other. The duty rate will be 28.2% ad valorem.

The applicable subheading for style 094084 will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: dresses: of synthetic fibers: other: women’s. The duty rate will be 16% ad valorem.

The applicable subheading for style 094092 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: other: women’s. The duty rate will be 32% ad valorem.

Style 094310 falls within textile category designation 639. Styles 094433 and 094434 fall within textile category designation 648. Style 094084 falls within textile category designation 636. Style 094092 falls within textile category designation 639. 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 Camille R. Ferraro at 646-733-3049.

Sincerely,

Robert B. Swierupski
Director,

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