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NY 866013

Aug 29, 1991

CLA-2-61:S:N:N3I:361 866013

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.1060; 6109.10.0070; 6114.20.0020

Mr. William Ortiz
S. J. Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, New York 11434

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

Dear Mr. Ortiz :

In your letter dated August 9,1991, on behalf of Wundies Inc., you requested a classification ruling.

Four of the submitted garments are women's sleeveless, knit garments. Style numbers 9122, 9123 and 9127 are constructed from 100% cotton fabric. Style numbers 9122 and 9123 are tank tops. They feature round necklines and shoulder straps that extend over each shoulder measuring less than two inches in width. Style number 9127 features shoulder straps that measure less than two inches in width, however these straps extend over the shoulder and are joined together in the middle of a fabric rise in the back. All of the above garments extend past the waist. Style number 9116 is a bodysuit constructed from a 95%cotton/5%spandex fabric. The bodysuit features hi-cut leg openings and a round neckline.

As you have requested, the sample garments are being returned.

The applicable subheading for style numbers 9122 and 9123 will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit tank tops of cotton. The rate of duty will be 21 percent ad valorem.

The applicable subheading for style number 9127 will be 6109.10.0070 which, Harmonized Tariff Schedule of the United States (HTS), which provides for women's tank tops and similar articles of cotton. The rate of duty will be 21 percent ad valorem.

The applicable subheading for style number 9116 will be 6114.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for knit bodysuits of cotton. The rate of duty will be 11.5 percent ad valorem.

Style number 9116 falls within textile category designation 359. Style numbers 9122, 9123 and 9127 fall within textile category designation 339. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The question of classification for style number 9118 is being referred to the Office of Regulations and Rulings, U.S. Customs Service Headquarters, 1301 Constitution Avenue, N.W., Washington D.C. 20229. A ruling will be issued to you from that office.
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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