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NY 883161




March 31, 1993

CLA-2-62:S:N:N5:360 883161

CATEGORY: CLASSIFICATION

TARIFF NO: 6211.42.0070

Ms. Karen Anarumo
The Donna Karan Company
555 Gotham Parkway
Carlstadt, NJ 07072

RE: The tariff classification of women's openwork vests from China

Dear Ms. Anarumo:

In your letter dated February 25, 1993, you requested a tariff classification ruling.

The submitted sample, style 6291, is a women's vest constructed of 100 percent cotton openwork fabric. The garment has a full front opening secured by four buttons; it falls below the hip and would be worn over other outerwear. You have described the vest as being made of "Battenberg Lace". The process you describe involves machine making the ribbon sections on a braiding machine. The ribbon sections are joined by hand with 100% cotton string in an over and under type of weave. You state that there is no apparent looping, as in a knit garment.

The processing details you provided are described in the Explanatory Notes to the Harmonized Tariff Schedule of the United States (HTS), Chapter 58, page 802, for "mixed lace", also known as lacet lace. Lace made in this manner is regarded as hand-made lace of heading 5804, HTS, and garments made up of lace produced in this manner are not considered to be of a knit construction.

Accordingly, the applicable subheading for style 6291 will be 6211.42.0070, 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, vests. The rate of duty will be 8.6 percent ad valorem.

Style 6291 falls within textile category designation 359. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

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 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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