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NY 855498

September 14, 1990

CLA-2-61:S:N:N3I:361 855498

CATEGORY: CLASSIFICATION

TARIFF NO.: 6115.19.0010; 6114.20.0010

Dolores Strick
Gilda Marx Industries, Inc.
11755 Exposition Blvd.
Los Angeles, California 90064

RE: The tariff classification of two pairs of knit tights, and one knit top from Taiwan.

Dear Ms. Strick:

In your letter dated August 16,1990, you requested a classification ruling.

The first submitted sample, style number 591, is a pair of women's knit tights constructed with a top portion made from a 54% cotton/36% polyester/ 10% spandex fabric and a bottom portion, which is a wide lace trim, constructed from an 87%/ nylon/13% spandex fabric. The fabric weights, per component percentages are 49% cotton and 51% synthetic. The surface area ratio is 82% for the top portion and 18% for the bottom lace portion. The tights extend from the waist to slightly above the ankle and feature a gusset in the crotch.

The second submitted sample, style number 4658, is a pair of women's knit tights constructed with a top portion made from a 54% cotton/36% polyester/10% spandex fabric and a bottom portion, which is a narrow lace trim, constructed from an 80% nylon/20% spandex fabric. The fabric weights, per component percentages are 49% cotton and 51% synthetic. The surface area ratio is 88% for the top portion and 12% for the bottom lace portion. The tights extend from the waist to slightly above the knee and feature a gusset in the crotch.

The third submitted sample, style number 4657, is a woman's knit top constructed with a top portion made from a 54% cotton/36% polyester/10% spandex fabric and a bottom portion, which is a narrow lace trim, constructed from an 80% nylon/20% spandex fabric. The fabric weights, per component percentages are 48% cotton and 52% synthetic. The surface area ratio is 86% for the top portion and 14% for the bottom lace portion. The top is sleeveless, extends from the neck and shoulder area to slightly above the waist and features a round neckline and narrow shoulder straps.

The applicable subheading for style numbers 591 and 4658 will be 6115.19.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit tights of cotton. The applicable HTS subheading for style number 4657 will be 6114.20.0010, which provides for women's knit tops of cotton. The rate of duty for the tights will be 17 percent ad valorem. The rate of duty for the top will be 11.5 percent ad valorem.

The tights fall within textile category designation 359. The top falls within textile category designation 339. 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 (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

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