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NY E89081




November 9, 1999

CLA-2-61:RR:NC:TA:354 E89081

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, New York 10004

RE: The tariff classification of ladies’ garments from Hong Kong, China, Israel and/or the Philippines.

Dear Ms. Baron:

In your letter dated October 20, 1999, you requested a classification ruling on behalf of Calvin Klein Underwear, a division of Warnaco Inc. The provided samples will be returned as per your request.

Three size small garments were submitted for review. Style D2079 is a bandeau styled garment with a two ply front portion measuring approximately 5 inches from top to bottom, and a single ply back portion measuring approximately 3 inches from top to bottom. The garment is constructed of a finely knitted sheer 78% nylon 22% spandex fabric. Features include side seams with vertical stays measuring approximately 3-¾ inches, and an elasticized top and bottom which is wider at the back of the garment.

Style D2077 is similar to style D2079, with the exception of tiny heat transfer discs which have been applied to the outer surface fabric.

Style D2078 is a seamless bandeau styled garment measuring approximately 4-1/4 inches from top to bottom at the front, approximately 4 inches at the side, and approximately 3 inches at the back. The garment is constructed of a two ply finely knitted 82% nylon 18% spandex fabric. The garment features an exposed ½ inch wide elasticized band at the top and bottom with “Calvin Klein” embroidered at equal intervals around the bands.

The applicable subheading for all styles 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’s or girls. The general rate of duty will be 15.5 percent ad valorem. The garments made in Israel may be entitled to a Free rate of duty under the US-Israel Free Trade Agreement (UIFTA) upon compliance with all applicable laws, regulations and agreements.

All styles fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong, Canada, and the Philippines 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.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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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