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NY C82220





December 29, 1997

CLA-2-61:RR:NC:TA:N3:358 C82220

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2060; 6106.20.2030

Mr. William A. Vollmerhausen
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a girl's babydoll top and biker shorts from Egypt.

Dear Mr. Vollmerhausen:

In your letter dated November 24, 1997, you requested a tariff classification ruling.

The submitted samples, Style #3525, is a pair of girl's knit biker shorts and a knit top. The sleeveless top is constructed of 65% polyester, 35% cotton fibers and features a scoop neckline, and a partial front opening with a five button closure to the waist. The garment also has a woven textile band stitched around the gathered waist, and a hemmed bottom. The shorts are constructed of 65% polyester, 35% cotton fibers and feature an elasticized waist and hemmed leg openings.

Your letter did not indicate the size(s) for which the shorts and top will be imported. For purposes of classification, we will assume that the garments will be imported in toddler girls' sizes 2T-4T.

The applicable subheading for the top, will be 6106.20.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' blouses and shirts, knitted or crocheted:of man-made fibers:other, girls':other. The 1997 duty rate will be 33.8% percent ad valorem.

The duty rate for 1998 will be 33.6% ad valorem.

The top falls within textile category designation 639. Based upon textile trade agreements, products of Egypt are presently subject to visa requirements.

The applicable subheading for the shorts, will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' shorts (other than swimwear), knitted or crocheted:trousers, bib and brace overalls, breeches and shorts:of synthetic fibers:other, other, shorts, girls':other. The 1997 duty rate will be 29.5% percent ad valorem.

The duty rate for 1998 will be 29.3% ad valorem

The shorts fall within textile category designation 648. Based upon textile trade agreements, products of Egypt are presently 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 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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski
Director

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