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NY M86981




October 13, 2006

CLA-2-61:RR:NC:WA:361 NY M86981

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030; 6110.20.2079

Ms. Lisa York
Target Customs Brokers Inc.
33 South Sixth Street Mail Stop-3315
Minneapolis, Minnesota 55402

RE: The tariff classification of women’s garments from Malaysia.

Dear Ms. York:

In your letter dated September 29, 2006 you requested a classification ruling for several women’s garments. The samples will be returned, as requested.

Style 206842 is a pair of women’s shorts constructed from 97 percent cotton, 3 percent spandex knit terry fabric. The shorts have a wide elasticized waistband with a drawstring, and legs finished with overlock stitching.

Style 206843 is a pair of women’s Bermuda shorts constructed from 97 percent cotton, 3 percent spandex knit terry fabric. The shorts have a wide elasticized waistband with a drawstring, and legs finished with overlock stitching.

Style 206908 is a woman’s cardigan styled upper body garment constructed from 97 percent cotton, 3 percent spandex knit terry fabric with more than nine stitches per two centimeters in the direction in which the stitches were formed. The waist length garment has a full front opening with a zipper closure, a stand-up collar, long sleeves with cuffs, and a rib knit bottom. The garment also has two pockets near the bottom.

You have referred to the submitted garments as sleepwear. However, based on their construction, features, and general appearance, they are clearly capable of being worn as non-intimate apparel. As such, the garments will not be classified as sleepwear in heading 6108.

The applicable subheading for styles 206842 and 206843 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sshorts knitted or crocheted: Of cotton. The duty rate will be 14.9 percent ad valorem.

The applicable subheading for style 206908 will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweatersand similar articles, knitted or crocheted: Of cotton: Other: Women’s: Other. The duty rate will be 16.5 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Styles 206842 and 206843 fall within textile category designation 348; style 206908 falls within textile category designation 339. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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