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NY 894005




January 27, 1994

CLA-2-62:S:N:N5:360 894005

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0025

Ms. Laura M. Denny
Edison Brothers Stores Inc.
501 N. Broadway
P.O. Box 66995
St. Louis, MO 63166-6995

RE: The tariff classification of a ladies' woven romper from Hong Kong, Indonesia or Taiwan

Dear Ms. Denny:

In your letter dated January 18, 1994, you requested a tariff classification ruling.

The submitted sample is a romper with the upper portion constructed from fabric that is 100 percent woven cotton denim and a lower portion that is constructed from 100 percent woven rayon. The upper portion is lined with 100 percent woven cotton.

The sleeveless upper portion features a front opening secured by four metal buttons, a V-neckline and two front pockets with flaps secured by metal buttons. The lower portion has a hidden front opening secured by two plastic buttons and hemmed leg openings. The garment extends to above the knee.

In your letter you indicate that the cotton fabric is 70 percent of the total weight of the garment and the rayon is 30 percent. You also indicate that the surface area of each fabric is equal and by value, the cotton represents 58 percent of the total cost and the rayon fabric represents 42 percent of the total cost of the garment. The essential character is imparted by the cotton upper portion of the garment.

The applicable subheading for the romper will be 6211.42.0025, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton... washsuits, sunsuits, one-piece playsuits and similar apparel.. The rate of duty will be 8.6 percent ad valorem.

The romper falls within textile category designation 237. Based upon international textile trade agreements, products of Hong

Kong, Indonesia and Taiwan are subject to a visa requirement. Products of Indonesia and Taiwan are 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 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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