The tariff classification of women’s pants and shorts from Vietnam. Dear Ms. Martin:

NY M85814 August 18, 2006 CLA-2-61:RR:NC:WA:361 NY M85814 CATEGORY: Classification TARIFF NO.: 6104.62.2011; 6104.62.2030 Ms. Lisa Martin, Sr. Analyst-Classification & Compliance Blue Star Imports, L.P. 150 Thorn Hill Road Warrendale, PA 15086 RE: The tariff classification of women’s pants and shorts from Vietnam. Dear Ms. Martin: In your letter dated August 16, 2006, you requested a classification ruling for women’s knit pants and shorts. The samples will be returned, as requested. Style 2557 is a pair of women’s shorts constructed from 70 percent cotton, 30 percent polyester knit terry fabric. The shorts have a wide elasticized waistband with an interior drawstring, side seam pockets and raw edge leg openings. Style 1044 is a pair of women’s pants constructed from 70 percent cotton, 30 percent polyester knit terry fabric. The pants have a wide elasticized waistband with a drawstring and an elasticized leg hem. Style 2553 is a pair of women’s pants constructed from 70 percent cotton, 30 percent polyester knit terry fabric. The pants have a wide elasticized waistband with a drawstring, side seam pockets, and raw edge leg openings. You have suggested that the garments will be merchandised as pajama bottoms. Based on appearance, 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 style 2557 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s…shorts… knitted or crocheted: Of cotton. The duty rate will be 14.9% ad valorem. The applicable subheading for styles 1044 and 2553 will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s…trousers… knitted or crocheted: Of cotton. The duty rate 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/. All three styles fall within textile category designation 348. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, 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 Angela De Gaetano at 646-733-3052. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division