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NY 812650




July 28, 1995

CLA-2-62:S:N:N5:360 812650

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0081

Mr. Harold Dichter
Leyden Customs Expediters, Inc.
99 Hudson Street
New York, NY 10013-2896

RE: The tariff classification of a woman's woven garment from Macau or Hong Kong

Dear Mr. Dichter:

In your letter dated July 12, 1995, you requested a classification ruling. The sample submitted with your request will be returned to you under separate cover.

Style 603012 (F/F 5043S) is a woman's one-piece garment constructed from 100 percent cotton woven denim. The garment features 1 3/4 inch wide adjustable shoulder straps and two partial side openings secured by five buttons. The front of the garment rises to just above the bust and extends to mid-thigh. The garment lacks sufficient coverage and must be worn with another outerwear garment.

You also wanted to know if your sewn-in label satisfied the marking requirements. The submitted sample is not marked with the country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionallly, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content and other information that must appear on many textile articles. You should contact the Federal Trade Commission, Washington, D.C., 20580., for information on the applicability of these requirements to this item.

The applicable subheading for style 603012 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton. The duty rate will be 8.6 percent ad valorem.

Style 603012 falls within textile category designation 359. Based upon international textile trade agreements products of Macau and Hong Kong are subject to a visa requirement and quota restraints.

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. 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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