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HQ 082452


October 23, 1989

CLA-2: CO:R:C:G 082452 DRR 828273

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0035; 6109.10.0037

Ms. Susan Caspi
Sara's Prints Inc.
629 Whitney Street
San Leandro, California 94577

RE: Apparel; Modification of NYRL 828273, dated March 31, 1989

Dear Ms. Rainbow:

This is in further response to your letter of January 26, 1988, to our New York regional office, in which you requested a tariff classification ruling, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), for three articles of clothing, styles 100L, 3100 and 3600. Our New York office's response to your January 29, 1988, request, New York Ruling Letter (NYRL) 828273, dated March 31, 1988, classified style 3100 under subheading 6108.91.0020, HTSUSA, and style 3600 under subheading 6107.91.0020. We have had occasion to review that ruling and have determined that it is in error with respect to the classification of styles 3100 and 3600.

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be determined according to the terms of the headings and any relative section or chapter notes. Subheading 6108.91.0020, HTSUSA, provides for women's or girl's slips, petticoats, briefs, nightshirts, pajamas...and similar articles. Style 3100 is a girl's cotton knit sleeveless undershirt and therefore more specifically provided for under subheading 6109.10.0037, HTSUSA, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, women's or girl's, underwear, free of duty as a product of Israel and subject to textile category 352.

Subheading 6107.91.0020, HTSUSA, provides for men's or boy's underpants, briefs, nightshirts, pajamas...and similar articles. Style 3600 is a boy's cotton knit sleeveless undershirt and therefore more specifically provided for under subheading 6109.10.0023, HTSUSA, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted, of cotton, men's or boy's, other, free of duty as a product of Israel and subject to textile category 338.

Pursuant to section 177.9, Customs Regulations, (19 CFR 177.9 (1989)), copy enclosed, the ruling letter of March 31, 1988, is modified in conformity with the foregoing.

Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, the importer should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

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, 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.

Sincerely,

John Durant, Director

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