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NY 861550


April 04, 1991

CLA-2-62:S:N:N3-I:360 861550

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080; 6204.62.2010

Mr. Marco A. Solis
Interamerican World Transport Corporation 426 W. Florence Avenue
Inglewood, CA 90301

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

Dear Mr. Solis:

In your letter dated March 14, 1991, on behalf of your client, Motherhood, you requested a classification ruling.

Style number 5050, which you describe as an "overall", is a woman's one-piece garment, manufactured from 100% cotton denim fabric. The garment's coverage, in back, extends from the upper back to the ankles, but extends only 5 1/2" above the natural waistline (at its lowest point) in the front. It does not provide the requisite coverage for wear without another outer garment, such as a blouse or shirt. It has deep armholes; a pant bottom; a U-shaped neckline in front; and a scooped neckline in back. The pant bottom is separated from the upper part by a partially elasticized horizontal seam around the waist. The garment also has a frontal opening on the upper part, secured by three buttons; zipper-secured fly front, four belt loops around the waist, and two slant pockets on front, set in below the waist.

Style number 6060 is a woman's bib and brace overall, manufactured primarily from 100% cotton denim fabric; several areas on the garment are also made up, in part, from woven fabric printed with polka dots. The garment has a trouser-like bottom, with the upper-front and upper-rear parts each consisting of a bib with a straight top edge. The bottom of the overall is separated from the top by a 2"-wide waistband, which extends completely around the garment. The front bib rises approximately 10" above the wearer's natural waistline and has a metal button at each corner of the top edge, along with five pockets of various shapes and sizes. The back bib rises to the same height as the front bib and has a large pocket on it. The garment is supported on the body by shoulder straps, each stitched to the back bib and each having a metal clasp, which joins to its respective metal button on the front bib. The overalls also feature a partial opening on each side, secured by five metal buttons, a mock fly front, and six pockets on the "trousers" (four in front and two in back).

The applicable subheading for style number 5050 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 applicable subheading for the bib and brace overall (style number 6060) will be 6204.62.2010, HTS, which provides for women's bib and brace overalls, of cotton. The rate of duty will be 9.5 percent ad valorem.

Both garments fall within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are 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

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