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NY 853858


July 19, 1990

CLA-2-62:S:N:N:3-I 360 853858

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Ms. Saralee Antrim
Carmichael International Service
Post Office Box 54772, Terminal Annex
Los Angeles, CA 90054-0772

RE: The tariff classification of women's woven garments from Taiwan.

Dear Ms. Antrim:

In your letter dated June 25, 1990, on behalf of your client, Rio Sportswear, Inc., you requested a tariff classification ruling.

The submitted samples, designated on their attached hangtags as style numbers 742723 and 742716, respectively, are women's garments which are cut and sewn from 100% cotton denim fabric. Both styles are supported on the body by permanently attached, adjustable suspender straps, each of which has a metal clasp on it that joins to a metal button located on the upper-front portion of the garment. Neither garment provides the requisite coverage for wear without another outer garment, such as a blouse or shirt.

The upper-front portion of style number 742723 is constructed from two, equal-sized panels. It extends seven-and- one-half inches above the natural waistline, at its highest point, and three inches above the natural waistline, at its lowest point. It is characterized by a full frontal opening, which is secured by three, metal-button closures; a concave- shaped top edge; and spaced tucks, two on each panel, which extend downward from the top edge to the waistline. A rear bib, which approximates a triangle in shape, makes up the upper-rear portion of the garment. The suspender straps are sewn to its upper edge. The lower portion of the garment resembles a pair of trousers. Style number 742723 also has a zip fly front; eight belt loops around the waist; two patch pockets on the back; two besom pockets, located below the waist, on the front; and four top- stitched pleats extending downward from the waist.

The upper-front and upper-rear portions of style number 742716 each consist of a bib. The front bib is cut and sewn from five pieces of fabric. It extends ten inches above the natural waistline, at its highest point, and eight inches above the natural waistline, at its lowest point. It has a V-shaped top edge; a button-secured patch pocket on the right side; a tab, with a buttonhole on it, which passes under a (belt-like) loop prior to being joined to a metal button; and a self-fabric, rectangular overlay, measuring approximately 9" x 1 1/2", which is stitched down at the bottom, between the two, front, belt loops, resembling a waistband. The rear bib is cut and sewn from three pieces of fabric. The suspender straps are sewn to its upper edge. The lower portion of the garment resembles a pair of trousers. Style number 742716 also has a mock fly front; a partial opening, on each side, secured by three metal buttons; five belt loops around the waist; two patch pockets on the back; two curved pockets and a coin pocket on the front; a small besom pocket, on the front of the right leg, adjoining the side seam; a hammer loop, straddling the side seam, located slightly below the right-front (curved) pocket; and two front pleats extending downward from the waist.

The samples which you have submitted with your inquiry are being returned under separate cover.

The applicable subheading for both style numbers will be 6211.42.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of cotton, other. The rate of duty will be 8.6 percent ad valorem.

Both style numbers fall within textile category designation 359. Based upon international textile trade agreements, products of Taiwan 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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