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NY 810861




June 2, 1995

CLA-2-61:S:N:N5:360 810861

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.2010

Mr. Jeffrey Wilson
Spiegel, Inc.
3500 Lancey Road
Downers grove, Illinois 60515-5432

RE: The tariff classification of a woman's bodysuit from Hong Kong.

Dear Mr. Wilson:

This is in response to your letter of April 28, 1995, requesting a classification ruling of woman's bodysuit, style 79-0874, from Hong Kong. A sample was submitted with your letter for review, and will be returned, as you requested.

The bodysuit is a composite of 80% nylon, 20% spandex knit fabric and 90% cotton, 10% spandex knit fabric. The nylon/spandex fabric is used for the upper bodice and sleeves. The cotton/spandex fabric is used for the balance of the garment. The bodysuit is considered a full body garment. Neither fabric covers the entire top of the garment, and the information you provided indicates that the cost of the fabrics used for the garment are almost equal. Based on these factors, neither portion imparts the essential character to the garment, therefore, the garment will be classified based on GRI 3(c), the under the HTS number that appears last among those that merit consideration.

The applicable subheading will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for man-made fiber bodysuits containing 5% or more elastomeric yarn. The rate of duty will be 34.1 percent ad valorem.

The bodysuit falls within textile category designation 659. Based upon international textile trade agreements, products of Hong Kong 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 Part 177 of the Customs Regulations (19 CFR Part 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is entered. 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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