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NY 817395




January 11, 1996

CLA-2-62:RR:NC:WA 354 817395

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010; 6104.62.2030

Mr. David A. Bennett
Amco Brokers and Forwarders
2700 Broening Highway
Dunmar Building North, Suite 212C
Baltimore, MD 21222

RE: The tariff classification of women's bra and knit biker shorts from Hong Kong.

Dear Mr. Bennett:

In your letter dated December 12, 1995, you requested a classification ruling on behalf of I.C. Issacs & Co., L/P. As requested, the samples will be returned to you.

You have submitted two samples, which you describe as a "set" to be used for athletic purposes such as aerobic workout, jogging suit or for biking. The set is intended to be sold and marketed together. The first sample is a sportsbra of a knit 95% cotton and 5% spandex material. The item features a two ply front, a T-back and an exposed elasticized bottom with the words BOSS at intervals. The second sample is 95% cotton knit and 5% spandex women's bike shorts. The item features an exposed elasticized waistband, a 17" inseam and hemmed leg openings.

The applicable subheading for the sportsbra, will be 6212.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, . . . and similiar articles and parts thereof, whether or not knitted or crocheted: brassieres: other, of cotton. The duty rate will be 17.9 percent ad valorem.

The applicable subheading for the bike shorts, will be 6104.62.2030, HTS, which provides for women's or girls' suits, . . . and shorts (other than swimwear), knitted or crocheted: of cotton: other, shorts: women. The duty rate will be 16.5 percent ad valorem.

The bra, falls within textile category designation 349. The shorts fall within textile category designation 348. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Sincerely,

Roger J. Silvestri
Director

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