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NY C88768





June 25, 1998

CLA-2-61:PD:A:TC:I:I04 C88768

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6211.43.0060; 6104.63.2011

Paul Meyer
NIK and Associates
Customs Broker/Freight Forwarder
800 S. Hindry Avenue, Unit A
Inglewood, California 90301

RE: The tariff classification of unisex garments from either Korea, China, or Italy

Dear Mr. Meyer:

In your letter dated May 28, 1998, you requested tariff classification rulings on behalf of your client, Michael Gerald, Limited.

The submitted samples are unisex garments. Note 8, Chapter 62, Harmonized Tariff Schedule of the United States (HTS), states in part, "...Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments." Based on this Note, the submitted samples will be classified in HTS headings covering women's garments.

Style number 100-160 is a pullover garment manufactured from knit fabric composed of 75 percent polyester and 25 percent cotton. The fabric is constructed with more than nine stitches per two centimeters measured in the horizontal direction. The garment features a V-neckline; long sleeves; and a straight, hemmed bottom. The neckline of the garment and lower front area of the garment are ornamented with contrasting-colored mesh fabric. The sleeves are ornamented with contrasting-colored piping.

Style number 100-165 is a pullover garment manufactured from 100 percent polyester knitted mesh fabric. The fabric is constructed with more than nine stitches per two centimeters measured in the horizontal direction. The garment features a V-neckline; three-quarter length sleeves; and a straight, hemmed bottom.

Style number 100-161 is a hooded garment manufactured from 100 percent nylon woven fabric. The garment features a partial frontal opening secured by a zipper closure. The garment has long sleeves with rib-knit cuffs. The garment also features a rib-knit tightening at the bottom.

Style number 200-155 is a pair of full-length trousers manufactured from knit fabric composed of 75 percent polyester and 25 percent cotton. The trousers feature an elasticized waistband with a drawstring tightening. Inserts of contrasting-colored fabric and piping ornament the trousers at the sides. The trousers also feature straight, self-hemmed leg openings.

Style number 200-150 is a pair of full-length trousers manufactured from knit fabric composed of 50 percent polyester and 50 percent cotton. The trousers feature an elasticized waistband with a drawstring tightening. The trousers are ornamented at the sides with overlays of contrasting-colored fabric. The trousers also feature straight, self-hemmed leg openings.

The submitted samples will be returned under separate cover.

The applicable subheading for style number 100-160 and style number 100-165 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers... and similar articles, knitted or crocheted: of man-made fibers...other...women's or girls'. The rate of duty will be 33.3 percent ad valorem.

Pursuant to General Rule of Interpretation 3(c) of the HTS, the applicable subheading for style number 100-161 will be 6211.43.0060, which provides for other garments, women's or girls': of man-made fibers...blouses, shirts ...and similar upper body garments, excluded from heading 6206. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for style number 200-155 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for trousers...breeches, and shorts: of synthetic fibers...trousers and breeches: women's...other. The rate of duty will be 29.3 percent ad valorem.

Pursuant to General Rule of Interpretation 3(c) of the HTS, the applicable subheading for style number 200-150 will be 6104.63.2011, which provides for trousers...breeches and shorts: of synthetic fibers...trousers and breeches: women's...other. The rate of duty will be 29.3 percent ad valorem.

Style number 100-160 and style number 100-165 fall within textile category designation 639. Style number 100-161 falls within textile category designation 641. Style number 200-155 and 200-150 fall within textile category designation 648. Based upon international textile trade agreements, products of either Korea or China are subject to quota and the requirement of a visa. As products of Italy, the garments are neither subject to quota restraints nor visa requirements.

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.

Sincerely,

Jayson P. Ahern
Port Director

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