NY 812190

July 28, 1995

CLA-2-61:S:N:N5:361 812190

CATEGORY: Classification

TARIFF NO.: 6104.62.2010; 6104.62.2030; 6106.10.0010;

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