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NY 809397




May 17, 1995

CLA-2-61:S:N:N5: 359 809397

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Sara Gradilla
R.L. Jones Customhouse Brokers, Inc.
P.O. Box 488
San Luis, Arizona 85349

RE: The tariff classification of a woman's knit garment from Mexico.

Dear Ms. Gradilla:

In your letter dated April 6, 1995, on behalf of Sirena, Inc., El Monte, California, you requested a tariff classification ruling.

Style number 288-2025 is a woman's garment constructed from 84% nylon, 16% spandex, sheer warp knit fabric. You state in your letter that this garment is a "Tank Babydoll Dress" and will be used as a "cover-up for swimsuits." Your sample is not a beachrobe in heading 6108, Harmonized Tariff Schedule (HTS) of the United States. It does not fit the definition of a robe and the term "beach cover-up" is a commercial but not a tariff designation. The garment features a round neckline; short sleeves; a full front opening with 3 button closures starting from the neck to just above the waist; and a hemmed bottom. Your sample is being returned as requested.

The applicable tariff provision for the garment will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's sweaters....and similar articles, knitted: of man-made fibers: other. The general rate of duty will be 34% ad valorem.

Textile merchandise which does not qualify as "originating" under the North American Free Trade Agreement (NAFTA), but which has been processed or further produced in Mexico and exported from that country, may be subject to quantitative export or import limitations based upon international trade agreements. The merchandise described in this ruling falls within textile category designation 639.

Since quota and visa restrictions 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 Part 177 of the Customs Regulations (19 CFR 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

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