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NY 861216


April 01, 1991

CLA-2-62:S:N:N:3-I:360 861216

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Mr. Barry E. Powell
Grunfeld, Desiderio, Lebowitz & Silverman 707 Wilshire Boulevard
Suite 5320
Los Angeles, CA 90017

RE: The tariff classification of a woman's woven garment from Hong Kong or China.

Dear Mr. Powell:

In your letter dated March 7, 1991, on behalf of your client, L.A. Gear, Inc., you requested a classification ruling.

The submitted sample, style number J6000, which you describe as a "skortall", is a woman's one-piece garment manufactured from 100% cotton denim fabric. The garment's coverage, in front, extends from the top of the bust to the vicinity of the midthigh. It does not provide the requisite coverage for wear without another outer garment, such as a blouse or shirt. The upper part of the garment is separated from the lower part by a horizontal seam around the waist. The upper-front part consists of a 9"-high bib, with the upper-rear part also consisting of a bib. The two bibs are joined to each other by permanently attached shoulder straps, which are made up from two pieces of fabric. The two pieces of fabric comprising each strap join to each other by means of tying. The lower-front part of the garment is constructed from an inner layer, which is composed of a lightweight, lining-like fabric, and an outer layer, which consists of the denim fabric. The inner layer, in combination with the lower-rear part, is joined between the legs, so that the legs are enclosed in two tubes when the garment is worn. The outer (denim) layer extends across the front and completely conceals the leg separation.

The garment has two pockets on the front bib, one with a button-secured flap, and a single pocket with a button-secured flap on the back bib; two curved pockets on the lower front and two patch pockets on the lower back, one with an embroidered logo; a zipper-secured partial opening on the right side; a mock fly front; and five belt loops around the waist.

The sample is being returned under separate cover.

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

The garment falls within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements, while products of China are subject to visa requirements 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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