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NY D81859




September 17, 1998

CLA-2-61:RR:NC:WA:361 D81859

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.20.2010; 6110.30.3055

Ms. Saralee Antrim-Saizan
Customs Compliance Administrator
Carmichael International Service
53 Glendale Blvd.
Los Angeles, CA 90026-5097

RE: The tariff classification of five women's knit upper body garments from Mexico.

Dear Ms. Antrim-Saizan:

In your letter dated August 27, 1998, you requested a classification ruling for five women's knit upper body garments on behalf of L.A. Glo. The samples are being returned, as you requested. You also noted in your letter that several of the styles will be imported in different fabrics under different style numbers. This ruling only covers the submitted samples. Because a change to the fabric could effect the classification, we are not able to determine classification without examining the garments.

Style 32101 is a woman's knit cardigan styled garment constructed from 100% polyester knit fabric, containing more than nine stitches per two centimeters, measured in the horizontal direction. The cardigan features a collar, a full front opening with one button right over left closure below the lapel, shoulder pads, long hemmed sleeves, and a hemmed bottom.

Style 33696 is a woman's knit shirt that extends past the waist and is constructed from 100% polyester velour knit fabric, containing more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt features a V-neckline, a full front opening with right over left four button closure, shoulder pads, long hemmed sleeves, and a hemmed bottom.

Style 33695 is a woman's knit shirt that extends to the waist and is constructed from 100% polyester velour knit fabric, containing more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt features a rounded neckline, a full front opening with right over left five button closure, shoulder pads, long hemmed sleeves, and a hemmed bottom.

Style 32064 is a woman's knit tunic styled shirt that extends past the hips and is constructed from 100% polyester velour knit fabric, containing more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt features a rounded neckline, an opening in the back with a one button closure, shoulder pads, long hemmed sleeves, and a hemmed bottom. The tunic also features a slit at either side and the front, center of the garment extending upward 12 inches from the bottom. The front of the garment also has 13 decorative buttons to give the appearance of a front opening.

Style 32065 is a woman's knit tunic styled shirt that extends past the hips and is constructed from 100% polyester velour knit fabric, containing more than ten stitches per centimeter in both the horizontal and vertical directions. The shirt features a mandarin collar, a full front opening with right over left 13 button closure, shoulder pads, long hemmed sleeves, and a hemmed bottom. The tunic also features a slit at either side extending upward seven inches from the bottom.

The applicable subheading for style 32101 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters and similar articles, knitted, of man-made fibers, for women or girls. The general rate of duty will be 33.3 percent ad valorem.

The applicable subheading for styles 33696, 33695, 32064, 32065 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit shirts of man-made fibers. The general rate of duty will be 33.6 percent ad valorem.

All of the styles falls within textile category designation 639. Based upon international textile trade agreements, non-originating products of Mexico 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

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