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NY C85857




April 17, 1998

CLA-2-61:RR:NC:WA:361 C85857

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030; 6108.21.0010; 6114.20.0010

Mr. Irwin A. Seltzer
H. Z. Bernstein Co., Inc.
2975 Kennedy Blvd.
Jersey City, New Jersey 07306

RE: The classification of a women's knit top, shorts, and panty from Turkey.

Dear Mr. Seltzer:

In your letter dated March 26, 1998, you requested a classification ruling for three knit garments for women, on behalf of Big M, Inc. The samples are being returned, as you requested.

The submitted samples are all constructed from 100% cotton rib knit fabric, weighing 250 grams per square meter.

Style 2078 is a sleeveless t-back crop top that features one-three quarter inch shoulder straps, a u-shaped neckline, one-quarter inch capping around the neckline and sleeve openings, and one inch elastic around the bottom edge. The top does not reach the waist.

Style 2073 is a pair of shorts that feature one inch elastic waistband, a false fly front with 3 buttons, and a plain hemmed bottom. The shorts extend to the upper thigh.

Style 2075 is a thong style panty. It features one-eighth inch elastic around the waist and leg openings, and a sewn-in crotch panel. Although you have indicated that these garments are "mix and match" pajamas separates, it is clear from an examination of the articles themselves that they are not intended to be worn as sleepwear. Therefore, they will be classified in the specific headings for the named garments.

The applicable subheading for style 2078, will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of cotton, tops, for women's or girls. The rate of duty will be 11.2 percent ad valorem.

The applicable subheading for style 2073, will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts, knitted or crocheted, of cotton. The rate of duty will be 16 percent ad valorem.

The applicable subheading for style 2075, will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knitted panties, of cotton. The rate of duty will be 7.9 percent ad valorem.

Style 2078 falls within textile category designation 339; style 2073 falls within textile category designation 348; style 2075 falls within textile category designation 352. Based upon international textile trade agreements, products of Turkey 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,

Robert B. Swierupski
Director,

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