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NY 861156


March 14, 1991

CLA-2-62:S:N:N3-I:360 861156

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Ms. Cecilia Castellanos
Withrow, Zerwekh
1241 Watson Center Rd.
Carson, CA 90745

RE: The tariff classification of a ladies' garment from India

Dear Ms. Castellanos:

In your letter dated February 28, 1991 on behalf of Hub Distributing, you requested a classification ruling.

The submitted sample, style 38100-J8, is a woman's garment manufactured from woven fabrics, solid and striped, which a sewn in label identifies as 100% cotton. The garment extends from the nape of the neck in the rear to slightly above the knees and encloses each leg in a single tube; the garment lacks requisite coverage for wear without other outer garments. The garment features seven belt loops at the waist, two rear patch pockets, two front pockets, a dummy flap with button near the front top edge, and metal clasps and buttons for fastening the front and rear.

The garment consists of two rear panels, two side panels and five front panels. The rear panels joined by a vertical seam in the center extend the length of the garment to the nape of the neck, create a slight scooped neckline and taper to straps which extend over the shoulder. The side panels extend from the bottom edge to approximately four inches above the waist under the arms. The two front side panels extend from the bottom edge upward and taper to straps designed to attach to those on the rear. The remaining three front panels consist of two lower and one upper joined by a horizontal seam slightly below the waist. The upper front panel and upper part of the two front side panels create a slightly scooped top edge, the lowest part of which is approximately seven inches above the natural waistline.

The applicable subheading for style 38100-J8 will be 6211.42.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's garments of cotton . The duty rate will be 8.6% ad valorem.

Style 38100-J8 falls within textile category designation 359. Based upon international textile trade agreements, products of India are subject to a visa requirement and quota.

Your sample will be returned as requested.

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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