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NY D83326





November 12, 1998

CLA-2-61:RR:NC:TA:359 D83326

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070; 6104.43.2010

Ms. Carmela Natividad
CNB Apparel Group
1515 W. Glenoaks Blvd.
Glendale, CA 91201

RE: The tariff classification of two women's garments from China.

Dear Ms. Natividad:

In your letter dated October 8, 1998 you requested a tariff classification ruling.

You submitted two samples. Style 130 is a woman's sleeveless garment that is constructed from 95% polyester, 5% spandex, knit fabric. It extends from the shoulder to the knee area and features 1/4 inch shoulder straps; a V-neckline; a deep U-back that extends below the waist; and a hemmed bottom.

Style 135 is a woman's sleeveless dress that is constructed from 100% polyester, openwork, knit fabric. The garment extends from the shoulder to the knee area and features 1/4 inch shoulder straps; a U-back and front; and a hemmed bottom.

Your samples are being returned.

The applicable subheading for style 130 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for women's other garments, knitted or crocheted: of man-made fibers: other: other. The duty rate will be 15.6% ad valorem.

The applicaable HTS subheading for style 135 will be 6104.43.2010, which provides for women's dresses, knitted: of synthetic fibers: other. The duty rate will be 16.6% ad valorem.

Style 130 falls within textile category designation 659. Style 135 falls in category 636. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 Section 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. If you have any questions regarding the ruling, contact National Import Specialist Mike Crowley at 212-466-5852.

Sincerely,

Robert B. Swierupski
Director

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