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June 2, 1999

CLA-2-61:RR:NC:WA:361 E80911

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.20.2075; 6114.30.3070

Ms. Gail Mulroy
Attorney
Regaliti, Inc.
1407 Broadway, Suite 204
New York, NY 10018

RE: The tariff classification of three women’s upper body garment from Hong Kong and Korea.

Dear Ms. Mulroy:

In your letter dated April 19, 1999, you requested a classification ruling for three women’s upper body garments. The samples will be returned as you requested.

Style 1061 is a woman’s pullover constructed from 95% cotton, 5% spandex knit fabric. The sleeveless pullover has a boat shaped neckline, vertical and horizontal darts in front, shaping the bust, and a hemmed bottom. The garment extends just past the waist.

Style 5288 is constructed from 65% polyester, 35% cotton knit fabric. The garment is worn on the upper part of the body, and extends from the shoulders for approximately ten inches in the back. The garment is open in front, and has two small front panels that cover the shoulders and part of the upper chest. The garment has long hemmed sleeves and capping that finishes the bottom and front opening.

Style 5265 is constructed from 65% polyester, 35% cotton knit fabric. The garment is worn on the upper part of the body, and extends from the shoulders for approximately ten inches in the back. The garment is open in front, and has two small front panels that cover the shoulders and part of the upper chest. The garment has long hemmed sleeves and capping that finishes the bottom and front opening.

The applicable subheading for style 1061 will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for ...pullovers...and similar articles, knitted or crocheted: of cotton, other, women or girls. The rate of duty will be 18.6 percent ad valorem.

The applicable subheading for styles 5288 and 5265 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, other, women or girls. The rate of duty will be 15.5 percent ad valorem.

Style 1061 falls within textile category designation 339; styles 5288 and 5265 fall within textile category designation 659. Based upon international textile trade agreements, products of Hong Kong and Korea 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 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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