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NY C82424





December 23, 1997

CLA-2-61:RR:NC:TA:359 C82424

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Annette McCormack
Meijer, Inc.
2929 Walker Avenue, N.W.
Grand Rapids, Michigan 49544-9428

RE: The tariff classification of two women's garments from Malaysia.

Dear Ms. McCormack:

In your letter dated November 25, 1997 you requested a tariff classification ruling.

You submitted two samples. Style number 720032 is a woman's racerback sleeveless pullover constructed from 100% polyester, openwork, knit fabric. The pullover extends to the mid-thigh and features the following: a U-neckline; two inch shoulder straps; oversized armholes; and a hemmed bottom. The neckline and armholes are finished with knit capping. You state in your letter that the pullover will bear your "Wave Zone" Beachwear Trademark.

Style number 720026 is a woman's hooded cardigan constructed from 100% polyester, knitted mesh fabric. The cardigan features long sleeves; a full front opening with a drawstring waist; and a hemmed bottom. The hood, sleeves and placket are finished with knit capping. You state in your letter that the cardigan will bear your "Wave Zone" Beachwear Trademark.

Your samples are being returned as requested.

The applicable subheading for styles 720026 and 720032 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's sweaters, pullovers and similar articles, knitted: of man-made fibers: other. The duty rate will be 33.5% ad valorem (1997); 33.3% ad valorem (1998).

Style 720026 falls within textile category designation 639. Style 730032 falls in category 639. Based upon international textile trade agreements products of Malaysia are subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 Mike Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director,

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