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April 14, 1999

CLA-2-62:RR:NC:361 D89367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2011; 6114.30.1020

Mr. Ronald M. Pigliacelli
Deb Shops Inc.
9401 Blue Grass Road
Philadelphia, PA 19114

RE: The tariff classification of a pair of women’s pants and a top from Hong Kong.

Dear Mr. Pigliacelli:

In your letter dated February 23, 1999, and additional information received on March 24, 1999, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style 4004 consists of a top and pants constructed from 100 percent polyester pile knit fabric. The sleeveless top has 1/4 inch elasticized shoulder straps; a v-shaped neckline in front; elastic trim around the upper edge of the garment; and a hemmed bottom. The back of the top is cut straight across, from side seam to side seam. The pants of style 4004 have a covered elasticized waistband with a drawstring; and hemmed leg openings.

The applicable subheading for the top of style 4004 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted: of man-made fibers: tops...women’s or girls’. The duty rate will be 29.1 percent ad valorem.

The applicable subheading for the pants of style 4004 will be 6104.63.2011, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s...trousers...knitted or crocheted: of synthetic fibers: trousers...other. The duty rate will be 29.1 percent ad valorem.

The top of style 4004 falls within textile category designation 639; the pants of style 4004 fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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. If you have any questions regarding the ruling, contact National Import Specialist Angela DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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