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NY 804674



Jan. 13, 1994

CLA-2-61:S:N:N5:361 804674

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.9042; 6114.20.0020; 6204.39.8060; 6204.42.0081; 6211.49.0091

Mr Jeffrey Wilson
Spiegel, Inc.
3500 Lacey Road
Downers Grove, Ill. 60515-5432

RE: Classification of a woman's knit bodysuit, knit sweater, woven jacket, and other woven garments from China, Hong Kong and Thailand.

Dear Mr. Wilson:

In your letter of November 30, 1994, you requested a classification determination of five women's garments. Samples were submitted and are being returned as you requested.

Catalogue number 79-0270 is a woman's knit bodysuit. The garment is constructed from 90% cotton, 10% spandex knit fabric, with a V shaped insert in front which extends from the upper chest area to the midriff. The insert is constructed from 100% nylon cording, in an openwork pattern. The knit portion of the bodysuit provides the essential character.

Catalogue number 79-0218 is an upper body garment constructed from 100% cotton denim woven fabric. The garment has a shirt collar, cutout shoulders, short sleeves, two chest pockets, and a band bottom with two non adjustable side tabs. The garment reaches the waist.
Catalogue number 79-0383-84 is 55% ramie, 45% cotton knit sweater. The fabric of the sweater contains fewer than 9 stitches per two centimeters, measured in the horizontal direction. The sweater feature full front four button opening with right over left closure, and shoulder straps that cross in the back. The garment extends to the waist.

Catalogue number 79-0130 is called a jacket with vest. The garment is constructed from
55% linen, 45% rayon woven fabric. The garment features long sleeves, a full front opening without closure, and two patch pockets below the waist. Attached at the inner shoulder seams are two front vest panels. These panels have a full front opening with 6 button right over left closure. Attached to the bottom rear of these panels are two straps which are fed through holes in the back of the jacket, and are tied in the back.

Catalogue number 79-0615 consists of two garments constructed from 55% linen, 45% rayon woven fabric. One garment extends from the shoulders to the bust, and features sleeves and a large shawl collar which extends and is worn knotted in the front. The second garment extends from the shoulders to the hips and features shoulder straps, and a partial side zipper closure. These garments are classified as separate entities.

The applicable subheading for catalogue number 79-0270 will be 6114.20.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted, of cotton, bodysuits. The rate of duty will be 11.5% percent ad valorem.

The applicable subheading for catalogue number 79-0218 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, of cotton. The rate of duty will be 8.6% percent ad valorem.

The applicable subheading for catalogue number 79-0383-84 will be 6110.90.9042, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, of other fibers, women's. The rate of duty will be 6% percent ad valorem.

The applicable subheading for catalogue number 79-0130 will be 6204.39.8060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's jackets of other fibers. The rate of duty will be 6.7% percent ad valorem.

Catalogue number 79-0615 will be classified as two separate garments. The applicable subheading for each garment will be 6211.49.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for women's other garments of other fibers. The rate of duty will be 7.8% percent ad valorem.

Catalogue number 79-0270 and 79-0218 fall within category 359; catalogue number 79-0383-84 falls within category 845; catalogue number 79-0130 falls within category 835; and each garments of catalogue number 79-0615 falls within category 859. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement; products of China and Thailand 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 (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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