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NY C87221




May 27, 1998

CLA-2-61:RR:NC:WA:361 C87221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.43.2010; 6104.62.2011; 6108.91.0030; 6110.20.2075

Ms. Gretchen H. Zink
Talbots
175 Beal Street
Hingham, MA 02043

RE: The classification of women's knit garments from Korea.

Dear Ms. Zink:

In your letter dated March 31, with additional information provided in your letter of April 27, you requested a classification ruling several women's knit garments. The samples are being returned, as you requested.

Style 85103128 (which will also be imported under style number 85103128P for petite sizes) is a "lounging gown" constructed from 90% polyester, 10% spandex velour knit fabric. The ankle length "lounging gown" features a crew neckline, short sleeves, and side slits.

Style 85104151 (which will also be imported under style number 85104151P for petite sizes) is a robe constructed from 78% cotton, 22% polyester velour knit fabric. The ankle length robe features a crew neckline, short sleeves, a partial zippered front opening, and two pockets.

Style 85103100 (which will also be imported under style number 85103100P for petite sizes) is a two piece "lounger set" constructed from 78% cotton, 22% polyester velour knit fabric. The top of the "lounger set" which extends to the hips, features a crew neckline, long sleeves, and one patch breast pocket. The fabric of the garment contains more than nine stitches per two centimeters, in the horizontal direction. The pull-on pants of the "lounger set" feature an elasticized waistband, and a plain, hemmed bottom.

The applicable subheading for styles 85103128 and 85103128P will be 6104.43.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses...knitted or crocheted, of synthetic fibers. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for styles 85104151 and 85104151P will be 6108.91.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's bathrobes ...knitted or crocheted, of cotton. The rate of duty will be 8.8 percent ad valorem.

The applicable subheading for the top of styles 85103100 and 85103100P will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pullovers and similar garments ...knitted or crocheted, of cotton. The rate of duty will be 19 percent ad valorem.

The applicable subheading for the pants of styles 85103100 and 85103100P will be 6104.62.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women's trousers ...knitted or crocheted, of cotton. The rate of duty will be 16 percent ad valorem.

Styles 85103128 and 85103128P fall within textile category designation 636; styles 85104151 and 85104151P fall within textile category designation 350; the top of styles 85103100 and 85103100P fall within textile category designation 339; the pants of styles 85103100 and 85103100P fall within textile category designation 348. Based upon international textile trade agreements, products of Korea 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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