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NY 852038


CLA-2-62:S:N:N3-I:360 852038

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Ms. Lucy Baker
Expeditors International of Washington, Inc. 19119 16th Avenue South
P.O. Box 69620
Seattle, WA 98168

RE: The tariff classification of a woman's woven garment from the Philippines.

Dear Ms. Baker:

In your letter dated April 25, 1990, on behalf of your client, Jako, Inc., you requested a tariff classification ruling.

The submitted sample, style number 4741, is a woman's sleeveless garment which is cut and sewn from 100 percent cotton blue denim fabric. It is supported on the body by permanently attached suspenders, which are also adjustable. Each strap, after passing over the shoulder, is joined to the front of the garment by passing through a permanently attached metal D-ring prior to being joined to itself by a metal buckle. The garment does not provide the requisite coverage for wear without another outer garment, such as a blouse or shirt.

The upper front portion of the garment, which is bib-like in appearance, has a curved top edge that rises approximately eleven inches above the natural waistline, at its highest point, and approximately four inches above the natural waistline, at its lowest point. It is bisected by a zipper, which extends from the center of the top edge to the top of the waistband. The upper front portion also has a small pocket with a zipper closure. The upper rear portion rises approximately three inches above the natural waistline, at its lowest point.

The lower portion of the garment resembles a skirt and features a zip fly front; two loop-and-button closures securing the waistband; four belt loops around the waist; two curved pockets and a coin pocket on the front; and a vented bottom edge at the rear.

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 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 the Philippines are subject to a visa requirement 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 (Restraints 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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