CLA-2-61:S:N:N5:361 812190
6108.91.0030
Ms. Kathy Redey
Eddie Bauer
15010 N..E. 36th Street
Redmond, WA 98052
RE: The tariff classification of a pair of woman's pants,
shorts, shirt, and a robe from Hong Kong.
Dear Ms. Redey:
In your letter dated June 28, 1995, you requested a tariff
classification ruling for four garments. The samples are being
returned, as you requested.
All of the garments are constructed from 100% cotton, knit,
french terry fabric. Style 10630 (which will also be imported
under styles 10632 and 10668) is a pair of pull on pants with an
elasticized waistband. Style 10547 (which will also be imported
under styles 10554 and 10574) is a pair of pull on shorts with an
elasticized and drawstring waistband. Style 0040 (also styles
0207 and 0300) is a woman's pullover shirt with a two button
partial placket opening, and right over left closure. It
features a rounded collarless neckline, long sleeves, a single
breast patch pocket on the left side and side slits. The fabric
of the shirt contains more than ten stitches per centimeter in
each direction. Style 1200 (also styles 12011 and 12030) is a
pullover, ankle length robe featuring a hood, long sleeves, a
large kangaroo pocket, and side slits.
Although you have indicated that the shirt, shorts and pants
will be advertised and sold as pajamas, the appearance of the
garments themselves indicates that they are more likely to be
worn as loungewear, rather than as garments intended to be worn
to bed for sleeping.
The applicable subheading for the pants will be
6104.62.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's knit trousers of cotton. The
rate of duty will be 16.5 percent ad valorem.
The applicable subheading for the shorts will be
6104.62.2030, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's knit shorts of cotton. The
rate of duty will be 16.5 percent ad valorem.
The applicable subheading for the shirt will be
6106.10.0010, Harmonized Tariff Schedule of the United States
(HTS), which provides for women's knit shirts of cotton. The
rate of duty will be 20.9 percent ad valorem.
The applicable subheading for the robe will be 6108.91.0030,
Harmonized Tariff Schedule of the United States (HTS), which
provides for women's knit trousers of cotton. The rate of duty
will be 9 percent ad valorem.
The trousers and shorts fall within textile category
designation 348; the shirt falls within textile category
designation 339; the robe falls within textile category
designation 350. Based upon international textile trade
agreements, garments imported from Hong Kong are subject to a
visa requirement and quota restraints.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report On Current Import Quotas (Restraint Levels), an internal
issuance of the U.S. Customs Service, which is available for
inspection at your local Customs office.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport