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September 13, 1999

CLA-2-62:RR:NC:360 E85675

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3030; 6211.42.0070

Mr. Edward Johnson
Levi Strauss & Co.
Levi’s Plaza
P.O. Box 7215
San Francisco, CA 94120

RE: The tariff classification of women’s wearing apparel from Hong Kong

Dear Mr. Johnson:

In your letters dated July 9, 1999 and August 12, 1999, which were received on August 13, 1999, you requested a classification ruling. The samples submitted with your requests will be returned to you under separate cover.

Style 97961-0302 is a woman’s dress constructed from 98 percent cotton and 2 percent spandex woven denim fabric. The dress features a U-neckline, cutaway shoulders, shoulder straps that fasten with metal rivets, a side zipper closure and two pockets below the waist. The garment provides sufficient coverage to be worn without another outerwear garment. You have also referenced another style number but a sample was not submitted. As there is no indication as to how this style differs from the garment submitted, this ruling applies only to the submitted garment, style 97961-0302.

Style 45889-5500 is a woman’s vest constructed from 85 percent cotton and 15 percent linen woven fabric. The fabric has a thin application of polyurethane but is not visibly coated. The vest features oversized armholes, a collar, pockets on either side of the front opening which form a kangaroo pocket, a full front zippered opening and a drawstring bottom. This garment will also be imported in petite sizes under style number 43889-5500.

The applicable subheading for style 97961-0302 will be 6204.42.3030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): dresses: of cotton: other: other: with two or more colors in the warp and/or the filling: women’s. The duty rate will be 10.5 percent ad valorem.

The applicable subheading for style 45889-5500 will be 6211.42.0070, Harmonized tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of cotton: vests. The duty rate will be 8.4 percent ad valorem.

Style 97961-0302 falls within textile category designation 336 and style 45889-5500 falls within textile category designation 359. Based upon international textile trade agreements products of Hong Kong are subject to quota restraints and a visa requirement.

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 Patricia Schiazzano at 212-637-7080.

Sincerely,

Robert B. Swierupski
Director,

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