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NY N015779




September 12, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0012, 6103.42.1020

Mr. Jason Ma
Leadertex Intl., Inc.
124 West 36th Street, 7th Floor
New York, New York 10018

RE: The tariff classification of five knit garments from China

Dear Mr. Ma:

In your letter dated August 10, 2007 you requested a classification ruling.

      Style CW002W4M is a men’s T-shirt constructed from 100% cotton knit jersey fabric that weighs 135 grams per square meter. The garment features a contrast color rib knit crew neckline, short hemmed sleeves and a straight hemmed bottom.

      Style CW012W3M is a pair of men’s lounge pants constructed from 100% cotton jersey knit fabric. The lounge pant features a wide, tunnel elastic waistband with an inside drawstring, side seam pockets and hemmed leg openings.

Although you refer to the styles CW002W4M and CW012W3M as sleepwear, garments of this type are considered to be multi-use garments, designed for wear in a variety of informal situations in and around the home. As such, they are not classified in heading 6107, which is limited to garments designed for wear only to bed for sleeping.

For styles CW021E7W, CW005W7W and CW01316W classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information.

How is the garment designed? As a “knock off” of an item in the market, or as an original? If a “knock off” how was it sold at retail originally? What changes or modifications were made to the garment? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc.) If an original design, what is the concept of the designer?

What is the weight of the fabric? Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain.

How will the garment be marketed?
Are there any sketches or booklets used during the process of showing a potential buyer the line? If so, please provide copies. Is the garment designed specifically for the buyer? If so, please provide the information in number 1 and 2 above on behalf of the buyer. Provide the company name of the buyer or buyers. Will the garments be exclusively marketed as sleepwear?

How will the garment be displayed to the consumer at retail? What in-store advertising or signs will be placed in proximity to the garment? What other types of garments are sold in the same department? Provide copies of any labels that will be sewn into or tacked onto the garment, especially any that indicate how the garment is intended to be used. Provide any advertising or advertising mock-ups that will be used for the garment. If nothing is available for the specific garment, please provide advertising for similar garments sold in prior seasons. Will the garment be sold in a catalogue? If yes, please provide a copy of the entire catalogue or catalogue mock, in which the garment will be sold. If nothing is available for the specific garment, please provide a catalogue showing similar garments sold in prior seasons. Will the garment be sold on an internet site? If so, please provide a copy of the page, showing the garment’s description, and the location within the website.

Often in intimate apparel departments, garments known as “loungewear” are sold alongside traditional sleepwear. Does your company market loungewear? How do you define that term? Do you consider this garment to be loungewear?

Your samples are being returned to you.   

     The applicable subheading for Style CW002W4M will be 6109.10.0012, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops, and similar garments, knitted or crocheted: of cotton: men’s or boys’: other t-shirts: men’s. The duty rate will be 16.5% ad valorem.

The applicable subheading for CW012W3M will be 6103.42.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and boys’ trousers, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: trousers and breeches men’s. The rate of duty is 16.1% 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/.

The applicable subheading for style CW002W4M falls within textile category 338. The applicable subheading for style CW012W3M falls within textile category 347. 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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