CLA-2-62:S:N:N3-I:360 852974

6204.22.3040


Ms. Lena Rainbow
Associated Merchandising Corporation
1440 Broadway
New York, NY 10018

RE: The tariff classification of women's garments from India.

Dear Ms. Rainbow:

In your letter dated March 16, 1990, resubmitted on April 25, 1990, you requested a tariff classification ruling.

Style number 5062, which you describe as a "shortie pajama", is a woman's two-piece ensemble consisting of a shirt and a pair of pull-on shorts. Both components are cut and sewn from 100% cotton woven fabric with a floral print; the fabric used for the outer surface of the shirt's collar and sleeve cuffs is printed with a stripe and is identical in all respects to the fabric used for the cuffs on the shorts. The shirt has short sleeves with turned-up cuffs; a full frontal opening secured by four buttons; a notched collar; small lapels; and a straight, bottom edge. The shorts have a fully elasticized waistband with a tunnel drawstring, and turned-up cuffs.

Style number 5063, which you describe as a "sleepshirt", is a woman's oversized shirt which is cut and sewn from 100% cotton woven fabric with a floral print; the fabric used for the outer surface of the collar and the sleeve cuffs is printed with a stripe. The garment features short sleeves with turned-up cuffs; a full frontal opening secured by seven buttons; a notched collar; small lapels; and a straight, bottom edge.

Style number 5064, which you describe as a "pajama", is a woman's two-piece ensemble consisting of a shirt and a pair of pull-on trousers. Both components are cut and sewn from 100% cotton woven fabric with a floral print; the fabric used for the outer surface of the shirt's collar and sleeve cuffs is printed with a stripe and is identical in all respects to the fabric used for the cuffs on the trousers. The shirt has three-quarter- length sleeves with turned-up -2-

cuffs; a full frontal opening secured by five buttons; a notched collar; small lapels; and a straight, bottom edge. The trousers feature a fully elasticized waistband with a tunnel drawstring, and turned-up cuffs.

The samples are being returned under separate cover.

The applicable subheading for the shirt component of style number 5062 will be 6204.22.3065, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' ensembles, of cotton: blouses and shirts. The rate of duty will be 16.4 percent ad valorem. The applicable subheading for the short component of style 5062 will be 6204.22.3050, HTS, which provides for women's or girls' ensembles, of cotton: shorts. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for style number 5063 will be 6206.30.3040, HTS, which provides for women's blouses, shirts and shirt-blouses, of cotton. The rate of duty will be 16.4 percent ad valorem.

The applicable subheading for the shirt component of style number 5064 will be 6204.22.3065, HTS, which provides for women's or girls' ensembles, of cotton: blouses and shirts. The rate of duty will be 16.4 percent ad valorem. The applicable subheading for the trouser component of style number 5064 will be 6204.22.3040, HTS, which provides for women's or girls' ensembles, of cotton: trousers and breeches. The rate of duty will be 17.7 percent ad valorem.

The shirt components of style numbers 5062 and 5064, and style number 5063 fall within textile category designation 341; the short component of style number 5062 and the trouser component of style number 5064 fall within textile category designation 348. Based upon international textile trade agreements, products of India 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).

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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