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NY N018765




November 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011; 6106.10.0010

Ms. Julie Bakhshpour
Aloha Customs Services
9215 Hall Road
Downey, CA 90241

RE: The tariff classification of a woman’s knit shirt and pants from China.

Dear Ms. Bakhshpour:

In your letter dated October 15, 2007, on behalf of your client Ford Glory Int’l, Ltd., you requested a classification ruling.

The submitted samples are described as follows:

Style #079BG10951V - a woman’s shirt constructed from 100% cotton knit fabric. The shirt features an all-over printed design, a U-shaped neckline with rib knit trim, long sleeves with rib knit cuffs, a partial front opening with a three-button right-over-left closure, and a hemmed bottom. The shirt fabric has more than 10 stitches per centimeter counted in both the horizontal and vertical directions.

Style #079BG12323S – a pair of women’s pants constructed from 100% cotton knit fabric. The pants feature an all-over printed design, a wide elasticized waistband, a non-functional fly with three buttons, and leg openings with rib knit cuffs.

In your request, you state these garments are sleepwear. Based on appearance, they seem to be capable of multiple uses. As such, and in the absence of persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear in heading 6108.

Your samples are being returned as requested.

The applicable subheading for the shirt, Style 079BG10951V, is 6106.10.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ blouses and shirts, knitted or crocheted, of cotton, women’s. The rate of duty will be 19.7% ad valorem.

The applicable subheading for the pants, Style 079BG12323S, will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), 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.

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 shirt, Style 079BG10951V falls within textile category 339. The pants, Style 079BG12323S, fall within textile category 348. 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,
National Commodity

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