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NY 859709


January 30, 1991

CLA-2-62:S:N:N3-I:360 859709

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0010; 6211.42.0050

Ms. Helen H. Seldon
W.M. Stone & Co., Inc.
Post Office Box 3160
Norfolk, VA 23514

RE: The tariff classification of women's bodyshirts from China and Hong Kong.

Dear Ms. Seldon:

In your letter dated January 11, 1991, on behalf of your client, J. Crew Group, Inc., you requested a classification ruling.

The submitted samples, style numbers 09059 and 09053, are women's bodyshirts. You state that style 09059 will be manufactured in China and exported from Hong Kong, while style 09053 will be both manufactured and exported from Hong Kong.

The upper part of style 09059 is constructed from 100% silk woven fabric and the lower part, which resembles a pair of panties, is constructed from warp-knit fabric composed of 100% nylon. It features a partial frontal opening secured by two buttons; long, cuffless sleeves, with a loop-and-button closure at the edge of each sleeve to adjust the opening; a notched collar; lapels; an elasticized waist and leg openings, and a snap-secured crotch.

Style number 09053 is constructed entirely from 100% cotton woven fabric and features a partial frontal opening secured by five plastic buttons, which are concealed by a flap over the placket, and a gold-colored metal button on the collarband, which is the topmost -and only visible- closure; long sleeves with a gold-colored metal button securing each cuff; a pointed collar with a collarband: a shoulder yoke; and two patch pockets on the chest. It also features an inverted pleat on the back; an elasticized waist and elasticized and lace-trimmed leg openings; sewn-in shoulder pads; and a snap-secured crotch.

The two samples are being returned under separate cover. The applicable subheading for style number 09059 will be 6211.49.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of other textile materials: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 7.8 percent ad valorem.

The applicable subheading for style number 09053 will be 6211.42.0050, HTS, which provides for other garments, women's or girls': of cotton: blouses, shirts and shirt-blouses excluded from heading 6206. The rate of duty will be 8.6 percent ad valorem.

Style number 09059 does not fall within a textile category designation and, based upon international textile trade agreements, is not presently subject to visa requirements or quota restraints. Style number 09053 falls within textile category designation 341 and, as a product of Hong Kong, is presently subject to visa 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, 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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