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NY A88374




Nov. 4, 1996

CLA-2-61:RR:NC:WA:361 A88374

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0060

Oxford Industries, Inc.
222 Piedmont Avenue, N.E.
Atlanta, GA 30308

RE: The tariff classification of a women's garment from Taiwan.

Dear Mr. Chubb:

In your letter dated October 8, 1996, you requested a tariff classification ruling for a woman's garment, style 4793. The sample is being returned, as you requested.

Style 4793, is constructed from 52% cotton, 44% polyester, 4% spandex knit fabric. You have indicated that this garment will be sold as a bathing suit cover-up. The garment is similar in styling to a wrap skirt and consists of a single panel of fabric that can be wrapped around the waist of the wearer and tied by means of a self-fabric tie. When tied together, the ends of the fabric panel meet, but do not overlap, which would cause the two sides of the garment to separate when the wearer walked or moved.

A slight variation of the fiber content indicated in your letter, 52% cotton, 44% polyester, 4% spandex, may affect the classification and the textile category designation of the subject garment. Such blends may be subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers, and classification and quota category will be based on such analysis.

The applicable subheading for style 4793 will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, other, women's or girl's. The rate of duty will be 11.4 percent ad valorem.

Style 4793 falls within the textile category designation 359. Based upon international textile trade agreements, garments imported from Taiwan 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 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Roger J. Silvestri
Director

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