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NY 883183




CLA-2-61:S:N:N5: 359P 883183

CATEGORY: CLASSIFICATION

TARIFF NO: 6110.30.1560

Mr. Wolfgang Lert
Hagemeister-Lert, Inc.
999 Indiana Street
San Francisco, CA 94107

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

Dear Mr. Lert:

In your letter dated February 16, 1993, you requested a tariff classification ruling.

The submitted sample, style 3129 SLEEK, is a woman's garment constructed from two knit fabrics. The upper portion of the garment extends from the shoulder to just below the waist and is constructed from 70% acrylic, 30% wool, 1X1 rib knit fabric. The fabric of the upper portion measures more than 9 stitches per 2 centimeters in the horizontal direction. The lower portion of the garment is a 95% cotton, 5% spandex, finely knit, panty that is permanently sewn to the upper portion. You state that the garment is a bodysuit. However, it does not possess the characteristics of a bodysuit. A bodysuit is wholly constructed from finely knit fabric, designed to be form- fitting and generally intended for use during exercise, dance or similar athletic activity. This garment is recognizable as an upper body garment. The upper portion features a turtleneck collar; long sleeves; and a partial opening with a zipper closure that extends from the top of the collar to the chest area. The lower portion of the garment is a sewn-on addition to the upper portion and features elastic leg openings and a 2 snap closure in the crotch area.

Your sample is being returned as requested.

The upper portion of the garment constitutes the essential character (General Rules of Interpretation) GRI 3(b).

The applicable subheading for the garment will be 6110.30.1560 , Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers....and similar articles, knitted: of man-made fibers: other: containing 23 percent or more by weight of wool or fine animal hair: other. The rate of duty will be 17% ad valorem.

The product falls within textile category designation 438. Based upon international textile trade agreements, products of Hong Kong are subject to 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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