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NY 860500

March 01, 1991

CLA-2-62:S:N:N3-I:360 860500

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.0010; 6211.42.0080

Ms. Ellen Edwards
Donna Karan New York
240 W.40th Street
New York, NY 10018-1510

RE: The tariff classification of women's garments from Hong Kong.

Dear Ms. Edwards:

In your letter dated February 12, 1991, you requested a classification ruling.

The submitted samples, style numbers 62505A and 62071A, which you describe as "bra tops", are women's bra-style garments. Style 62505A is manufactured from 100% silk woven fabric and style 62071A is manufactured from 100% cotton woven fabric. Style 62505A has non-adjustable shoulder straps, three metal snap fasteners in back, a concealed semi-circular plastic stay in each cup, and a partially elasticized bottom edge. Style 62071A has adjustable shoulder straps, two metal snap fasteners in back, and a concealed semi-circular plastic stay in each cup.

The applicable subheading for style number 62505A will be 6211.49.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: 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 62071A will be 6211.42.0080, HTS, which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton, other. The rate of duty will be 8.6 percent ad valorem.

Style number 62505A does not fall within any textile category designation and, based upon international textile trade agreements, is not presently subject to textile restraints. Style number 62071A falls within textile category designation 359 and, based upon international textile trade agreements, as a product of Hong Kong, is subject to a visa requirement.

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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