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NY D82677





October 14, 1998

CLA-2-61:RR:NC:WA:361 D82677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010; 6104.62.2030; 6110.20.2075

Ms. Jeanette Childs
Customs Import Analyst
Sears, Roebuck & Co.
3333 Beverly road, BC-172A
Hoffman Estates, Illinois 60179

RE: The tariff classification of a woman's knit top, shorts, and dress from the Philippines.

Dear Ms. Childs:

In your letter dated September 22, 1998, you requested a classification ruling for three women's garments. The samples are being returned, as you requested.

Style 9863 is a woman's dress constructed from 82% cotton, 12% nylon and 6% spandex knit fabric. The sleeveless dress features a v neckline, 1/4 inch satin trim around the neckline and armhole openings, two patch pockets below the waist, and a hemmed bottom.

Style 9862 consists of a pullover and pair of shorts, constructed from 82% cotton, 12% nylon and 6% spandex knit fabric. The jersey fabric is constructed from thick and thin yarns which create a textured pattern of horizontal stripes. The pullover features short sleeves, a rounded neckline, side slits extending upward from the bottom approximately 2.5 inches, and a hemmed bottom. The pull on shorts feature a covered one inch elastic waistband with a drawstring, and a hemmed bottom.

The applicable subheading for the dress will be 6104.42.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's dresses, knitted or crocheted, of cotton. The rate of duty will be 11.9 percent ad valorem.

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

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

The dress falls within textile category designation 336; the shorts fall within textile category 348; the pullover falls within textile category designation 339. Based upon international textile trade agreements, products of Philippines 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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