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NY C80995




November 24, 1997

CLA-2-61:RR:NC:TA:359 C80995

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.12.0040; 6112.12.0060

Mr. Jerry P. Wiskin
Simon & Wiskin
90 West Street, 10th Floor
New York, NY 10006

RE: The tariff classification of a woman's jogging suit from Portugal.

Dear Mr. Wiskin:

In your letter dated October 21, 1997, and additional information submitted on November 20, 1997, on behalf of Wilderness Trading Company Limited, Dublin, Ireland, you requested a tariff classification ruling.

The submitted sample, style number JSW/JPA, is a woman's two-piece jogging suit consisting of a pullover garment and trousers. The garments are constructed from 50% cotton, 50% polyester, knit fabric. The fabric of the pullover garment and trousers is napped on the inside surface. The outer surface of the pullover measures more than 9 stitches per 2 centimeters in the horizontal direction. The pullover features a crew neckline; long sleeves with ribbed cuffs; and a ribbed bottom. An embroidered red design is on the front chest. The trousers feature an elastic, drawstring waist; two pockets at the waist; and long legs with ribbed cuffs. You state in your letter that the garments will be imported in various animal print designs. The jogging suit will be returned as requested.

The applicable subheading for style JSW/JPA, the pullover garment, will be 6112.12.0040, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits... knitted: of synthetic fibers: shirts. The duty rate will be 29.5% ad valorem.

The applicable HTS subheading for style JSW/JPA, the trousers, will be 6112.12.0060, which provides for track suits...knitted: of synthetic fibers: trousers. The duty rate will be 29.5% ad valorem.

You have indicated in your letter that the fabric is a blend of 50 cotton/50 polyester. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation, from the above stated fiber content, may effect the classification of the subject garment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director,

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