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NY N022019




February 8, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2011, 6110.20.2079

Ms. Victoria Adams
Woolrich, Inc.
Two Mill Street
Woolrich, PA 17779

RE: The tariff classification of four women’s garments from Pakistan and India

Dear Ms. Adams:

In your letter dated January 10, 2008 you requested a classification ruling.

Style 7564 is a pair of women’s pants and pullover constructed of 100 percent cotton knit fabric. The pants feature hemmed leg openings, a patch pocket in the back with a velcro closure and a wide elasticized waistband. The cut and sewn pullover features a self-fabric crocheted trimmed insert at the front v-shaped neckline, long raglan sleeves with self-fabric cuffs, and a layered fabric straight garment bottom. The outer surface of the garment fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

Style 7565 is a pair of women’s pants and pullover constructed of 80 percent cotton and 20 percent polyester knit fabric. The pants feature hemmed leg openings and a tunnel elasticized waistband with an outside drawstring. The cut and sewn pullover features a partial front neckline opening with 5 snap closures, a hood, long sleeves with rib knit cuffs, a patch kangaroo pocket on the lower front panel and a loose fitting rib knit banded bottom. The outer surface of the garment fabric measures more than 9 stitches per 2 centimeters in the direction that the stitches were formed.

In your request, you refer to these garments as sleepwear. Based on appearance and the manner in which they are marketed, these garments will not be classified as sleepwear in heading 6108.

We are returning your samples as you requested.

The applicable subheading for the pants for both styles will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Trousersknitted or crocheted: Trousers: Of cotton: Other: Trousers: Women’s: Other. The duty rate will be 14.9% ad valorem.

The applicable subheading for both pullovers will be 6110.20.2079, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaterand similar articles, knitted or crocheted: of cotton: otherother: other: women’s: other. The duty rate will be 16.5% 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 pants for both styles fall within textile category 348. The pullovers for both styles fall within textile category 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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