CLA-2-61:RR:NC:WA:361 NY H88775

Ms. Marlene Bautista, Cost Import Analyst
Imports-Dept 733IMP
Sears Roebuck & Co.
3333 Beverly Road BC 175A-B
Hoffman Estates, Il 60179

RE: The tariff classification of a woman’s cardigan, pants and robe from Turkey.

Dear Ms. Bautista:

In your letter dated February 20, 2002, you requested a classification ruling for three women’s garments. These items are being returned as you requested..

Style SE 63 is made up of a cardigan and pants. The garments are constructed from 60% cotton, 40% polyester heavy weight knit terry fabric. The cardigan has a hood; a full front opening with a zipper closure; long sleeves; kangaroo pockets; and a plain, hemmed bottom. The pants have a 1-½ inch elasticized waistband with a drawstring; to side seam pockets; one rear patch pocket; and hemmed leg openings.

You have referred to these garments as sleepwear, however, based on their appearance, the are capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

Style 78017 is a woman’s robe constructed from the same fabric. The ankle length robe has a hood; a full front opening with a zipper closure; long sleeves; kangaroo pockets at the waist; and a hemmed bottom with side slits extending upward approximately nine inches from the bottom.

The applicable subheading for the cardigan of style SE 63 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters…and similar articles, knitted or crocheted: Of Cotton: Other: Women’s. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for the pants of style SE 63 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 robe, style 78017 will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s…bathrobes…knitted or crocheted: Of Cotton. The duty rate will be 8.6 percent ad valorem.

The cardigan of style SE 63 falls within textile category designation 339; the pants of style SE 63 fall within textile category designation 348; the robe, style 78017, falls within textile category designation 350. Based upon international textile trade agreements categories 339 and 348 from Turkey 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