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NY 870102


January 22, 1992

CLA-2-61:S:N:N3H:354 870102

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037; 6108.21.0010; 6104.62.2030; 6114.20.0010

Mr. Michael DeLuca
Elite Customs Brokers, Inc.
22 Lawrence Lane
Lawrence, NY 11559

RE: The tariff classification of woman's wearing apparel from Canada, Turkey or Hong Kong.

Dear Mr. DeLuca:

In your letter dated December 19, 1991, on behalf of the Samaha Corp., you requested a classification ruling.

You submitted five samples. Style 8086 is a knit 100% cotton underwear crop top. This top features a self capping around the armholes and back, a 1-1/2" elasticized banded bottom, and 1-1/2" scalloped raschel lace edging on the straps extending in a V to the middle of the garment. Style 8086A is a 100% cotton knit panty. The panty features a 1-1/2 " wide elasticized waist band, raschel lace fabric trim and elasticized leg openings. Style 3501 is a flounced 100% cotton knit panty with an elasticized waist and back of the leg openings.

Style 8642A is a pair of 100% cotton jersey shorts. The shorts feature hemmed, loose fitting legs and a wide elasticized waistband. Style 8642 is a 100% cotton jersey outerwear top. Which does not reach to the waist. There is narrow elasticized trim around the armholes, the scoop neckline and the scoop back. A wide elasticized trim borders the midriff.

The applicable subheading for style 8086 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

The applicable subheading for styles 8086A and 3501 will be 6108.21.0010, HTS, which provides for women's or girls' slips, petticoats, briefs, panties... and similar articles knitted or crocheted: briefs and panties: of cotton, women's. The duty rate will be 8.1 percent ad valorem.

The applicable subheading for style 8642A will be 6104.62.2030, HTS, which provides for women's or girls', suits, ... shorts (other than swimwear), knitted or crocheted: of cotton: other, shorts: women's. The duty rate will be 16.7 percent ad valorem.

The applicable subheading for style 8642 will be 6114.20.0010, HTS, which provides for other garments, knitted or crocheted: of cotton, tops: women's or girls'. The duty rate will be 11.5 percent ad valorem.

Goods classifiable under subheading 6109.10.0037, HTS, which have originated in the territory of Canada will be entitled to a 12.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6108.21.0010, HTS, which have originated in the territory of Canada will be entitled to a 4.8 percent ad valorem rate of duty under the FTA upon compliance with all applicable regulations.

Goods classifiable under subheading 6104.62.2030, HTS, which have originated in the territory of Canada will be entitled to a 10 percent ad valorem rate of duty under the FTA upon compliance with all applicable regulations.

Goods classifiable under subheading 6114.20.0010, HTS, which have originated in the territory of Canada will be entitled to a 6.9 percent ad valorem rate of duty under the FTA upon compliance with all applicable regulations.

Styles 8086, 8086A and 3501 fall within textile category designation 352. Style 8642A falls within textile category designation 348. Style 8642 falls within textile category designation 339. Based upon international textile trade agreements, products of Hong Kong and Turkey are subject to visa requirements. Products of Turkey are also subject to 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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