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NY 813142




August 23, 1995

CLA-2-61:S:N:N5:359 813142

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6204.59.3010

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Ave.
New York, NY 10167-0002

RE: The tariff classification of women's garments from Hong Kong.

Dear Mr. Evan:

In your letter dated June 29, 1995, resubmitted on July 24, 1995, on behalf of Radix Apparel, Inc., you requested a tariff classification ruling.

Style number 4915 is a woman's 2-pc garment consisting of a sleeveless pullover and skirt. The pullover can be secured to the skirt in the waist area with buttons. You stated in a telephone conversation that the pullover will be constructed from either 100% cotton, 4X4 rib knit fabric or 100% rayon, 4X4 rib knit fabric. The outer surface measures more than 9 stitches per 2 centimeters horizontally. The pullover features a U-neckline and 10 button holes in the waist area. The skirt is constructed from 100% rayon, woven fabric. The skirt features a waistband with 10 buttons; a zipper in the rear of the garment; and a hemmed bottom. The skirt extends well below the knees.

The applicable subheading for the pullover if in chief weight of cotton will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pullovers, knitted: of cotton: other. The duty rate will be 20.3% ad valorem. If the pullover is chief weight of rayon, the applicable HTS subheading will be 6110.30.3055 with a 34% rate of duty. The applicable HTS subheading for the skirt will be 6204.59.3010, which provides for women's skirts: of other textile materials: of artificial fibers: other: other. The rate of duty will be 16.9% ad valorem.

The pullover falls within textile category designation 339 (cotton) or category 639(rayon). The skirt falls in category 642. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints 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. 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
New York Seaport

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