NY 897935 - The tariff classification of silk garments from China. - United States International Trade Commision Rulings

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NY 897935

May 27, 1994

CLA-2-61:S:N5:354 897935

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.90.0080; 6107.19.0010; 6109.90.2010

Ms. Kathy Reddy
Eddie Bauer
15010 N.E. 36th Street
Redmond, WA 98052

RE: The tariff classification of silk garments from China.

Dear Ms. Reddy:

In your letter dated May 6, 1994, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted five samples. Style 8346 (8347 tall sizes) is a man's finely knit silk turtleneck. The pullover features rib-knit cuffs and a hemmed bottom.

The following styles are all men's underwear bottoms made from finely knit silk material. Style 8374 (8388 tall sizes) reaches the ankles and has rib-knit cuffs, a fly front and a tunnel elasticized waistband. Style 8339 is a brief and features a front opening and an exposed elasticized waistband. Style 8344 is a boxer with a fly-front, tunnel elasticized waistband and hemmed leg openings.

Style 8353 (8360 tall sizes) is a man's finely knit silk undershirt. The garment features a crew neck, rib-knit cuffs and a hemmed bottom.

The applicable subheading for styles 8346 and 8347, will be 6110.90.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats and similar articles, knitted or crocheted: of other textile materials: other: other: of silk: containing 70 percent or more of silk or silk waste: men's or boys'. The duty rate will be 6 percent ad valorem.

The applicable subheading for styles 8374, 8388, 8339 and 8344, will be 6107.19.0010, HTS, which provides for men's or boys' underpants, briefs, . . . and similar articles, knitted or crocheted: of other textile materials, containing 70 percent or more of silk or silk waste. The duty rate will be 6 percent ad valorem.

The applicable subheading for styles 8353 and 8360, will be 6109.90.2010, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: other, men's or boys': containing 70 percent or more of silk or silk waste. The duty rate will be 17 percent ad valorem.

Styles 8346, 8347, 8353 and 8360 fall within textile category designation 738. Based upon international textile trade agreements, products of China are subject to quota restraints.

Styles 8374, 8388, 8339 and 8344 fall within textile category designation 752. Based upon international textile trade agreements, products of China 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 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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