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NY 863166

May 24, 1991

CLA-2-61:S:N:N3I:361 863166

CATEGORY: CLASSIFICATION

TARIFF NO: 6106.10.0010; 6110.20.2075; 6114.20.0010; 6114.20.0015.

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

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

Dear Mr. Powell:

In your letter dated May 7,1991, on behalf of Contempo Casuals, you requested a tariff classification ruling.

The submitted samples are manufactured from a 95% cotton/5% spandex knit fabric. Style number 1490 is constructed with more than nine stitches per two centimeters measured in the horizontal direction. The garment is loose fitting, and extends from the neck and shoulder area to slightly below the waist. It features a round neckline, a full front opening with a zippered closure, long sleeves and two welt pockets below the waist.

Style number 1487 is a woman's sleeveless blouse constructed with more than 10 stitches per linear centimeter measured in both the horizontal and vertical directions. The blouse hugs the torso, and extends from the neck and shoulder area to the upper thigh area. It features a full front opening with a zippered closure and a turtle neck.

Style number 1488 is a woman's sleeveless top that does not reach the waist. The garment is form fitting, and features a full front opening with a zippered closure.

Style number 4447 is a woman's sleeveless jumper that extends from the neck and shoulder area to the mid thigh area. The garment is form fitting, and features oversized armholes and a deep u-shaped neckline, both front and back. It does not provide the requisite coverage for wear without another garment being worn under it.

The samples are being returned as you requested.

The applicable subheading for style number 4447 will be 6114.20.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for knit jumpers of cotton. The applicable subheading for style number 1488 will be 6114.20.0010 (HTS), which provides for women's knit tops of cotton. The rate of duty for both styles will be 11.5 percent ad valorem.

The applicable subheading for style number 1490 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit sweaters and similar garments of cotton. The rate of duty will be 20.7 percent ad valorem.

The applicable subheading for style number 1487 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides women's knit blouses of cotton. The rate of duty will be 21 percent ad valorem.

Styles numbers 1487, 1488 and 1490 fall within textile category designation 339. Style number 4447 falls 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
Area Director

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