The tariff classification of two women’s pullovers, a pair of woman’s pants and a pair of woman’s shorts from China. Dear Ms. Hubbard:

NY I86729 October 28, 2002 CLA-2-61:RR:NC:WA:361 NY I86729 CATEGORY: Classification TARIFF NO.: 6104.62.2011; 6104.62.2030; 6110.20.2075 Ms. Lesa R. Hubbard Customs Analyst J. C. Penney Purchasing Corp. 6501 Legacy Drive Plano, Texas 75301-0001 RE: The tariff classification of two women’s pullovers, a pair of woman’s pants and a pair of woman’s shorts from China. Dear Ms. Hubbard: In your letter dated September 26, 2002, you requested a classification ruling for four women’s garments. These items are being returned as you requested.. Style 114-4201 is composed of a pullover and shorts. The garments are constructed from 80 percent cotton, 20 percent polyester knit fabric. The sleeveless top has a shirt collar, a v-shaped opening without a closure, and a plain, hemmed bottom. The shorts have an elasticized waistband with a drawstring, and hemmed leg openings. Style 114-4115 is composed of a pullover and pants. The garments are also constructed from 80 percent cotton, 20 percent polyester knit fabric. The short sleeve top has a shirt collar, a v-shaped opening without a closure, and a plain hemmed bottom. The pants have an elasticized waistband with a drawstring and hemmed leg openings. You have referred to these garments as sleepwear, however, based both on their appearance, and the manner in which similar items have been marketed in the past, they are marketed, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108. The applicable subheading for the pants of style 114-4115 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…trousers… knitted or crocheted: Of cotton. The duty rate will be 15.3 percent ad valorem. The applicable subheading for the shorts of style 114-4201 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s…shorts… knitted or crocheted: Of cotton. The duty rate will be 15.3 percent ad valorem. The applicable subheading for the pullovers of both styles will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Pullovers…and similar articles: Of Cotton: Other: Women’s. The duty rate will be 17.3 percent ad valorem. The pants of style 114-4115 and the shorts of style 114-4201 fall within textile category designation 348; both pullovers fall within textile category 339. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment. 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 Angela De Gaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division