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NY 804369




December 16, 1995

CLA-2-61:S:N5:354 804369

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037; 6108.90.2020

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

RE: The tariff classification of women's undershirts from Hong Kong.

Dear Mr. Ortiz:

In your letter dated November 11, 1994, on behalf of O'Bryan Brothers, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, style NY011, is a 65% cotton and 35% nylon knit woman's long sleeved undershirt. The undershirt features a round neckline with a vertical row of three buttons and a cotton inner face that absorbs moisture. The neck, bottom and sleeve edges are completed with overlocked stitching. Style NY012 is identical to style NY011, except it is sleeveless.

Style NY016, is a 70% silk and 30% cotton knit woman's ribbed long sleeved undershirt. The undershirt features a V-neck with a scalloped edging, the same edging on the sleeves and a hemmed bottom. Style NY018 is identical to style NY016, except that it isn't ribbed.

The applicable subheading for styles NY011 and NY012, will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and and similar articles, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

The applicable subheading for styles NY016 and NY018, will be 6109.90.2020, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: other: women's or girls': containing 70 percent or more by weight of silk or silk waste. The duty rate will be 17 percent ad valorem.

Styles NY011 and NY012, fall within textile category designation 352. 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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