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NY 850727


April 6, 1990

CLA-2-62:S:N:N3-I:360 850727

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Mr. Karl Francisco
Expeditors International of Washington, Inc. 5261 W. Imperial Highway
Los Angeles, CA 90045

RE: The tariff classification of a woman's woven garment from Hong Kong.

Dear Mr. Francisco:

In your letter dated March 13, 1990, on behalf of your client, D&S Sportswear, you requested a tariff classification ruling.

The submitted sample, style number 269655, is a woman's sleeveless garment which is cut and sewn from 100 percent cotton, twill fabric. The garment does not provide the requisite coverage for wear without other outer garments, such as a blouse or shirt, since the front rise, at its lowest point, extends only four inches above the natural waistline.

The rear portion of the garment is constructed from two full-length panels sewn together lengthwise, which extend from the nape of the neck to the bottom edge, with the bottom edge falling approximately one inch below the midthigh. The front portion of the garment is also constructed from two full-length panels which taper toward the shoulder seams to give the appearance of shoulder straps.

The garment features a deep, U-shaped neckline in the front, the lowest point of which coincides with the lowest point of the front rise. The garment also features a partial, frontal opening secured by four buttons which are covered with embroidered fabric; two button-through pocket flaps (without any pockets), located on the front below the waist, each of which is secured by a button identical to those used to secure the frontal opening; and dart tucks on the front and back.

The applicable subheading for the garment will be 6211.42.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments for women or girls', of cotton, other. The rate of duty will be 8.6 percent ad valorem. The garment falls within textile category designation 359. Based upon international textile trade agreements, products of 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 (Restraints 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

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