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NY E88475





November 1, 1999

CLA-2-61:PD:A:TC:I:I04 E88475

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.32.0000; 6109.10.0060; 6104.52.0010

Ryoko Parks
Embody Limited
178 Mohawk Drive #4
Bourbonnais, Illinois 60914

RE: The tariff classification of women’s garments from China

Dear Ms. Parks:

In your letter dated October 5, 1999, you requested a tariff classification ruling on behalf of Embody Limited and Berek.

The submitted samples are women’s garments. Style number 440321 and style number 440430 are manufactured from 100 percent cotton knitted fabric. Style number 449541 is manufactured from knitted fabric composed of 80 percent cotton, 17 percent nylon, and 3 percent spandex. The fabric measures more than nine stitches per two centimeters when measured in the horizontal direction.

Style number 440321 is an unlined bolero-styled jacket that does not reach the waist. The garment has short sleeves and a full frontal opening without closures. Beading decorates the front and the back of the jacket.

Style number 440430 is a tank top which extends to slightly below the waist. The garment is supported on the body by one-half inch shoulder straps. Beading decorates the front of the tank top. The garment also features a straight bottom.

Style number 449541 is a straight skirt which extends to slightly above the knee. The skirt has an elasticized waistband. The hemline of the skirt features a ruffle-like trim.

The submitted samples will be returned under separate cover.

The applicable subheading for the bolero-styled jacket will be 6104.32.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ suit-type jackets and blazers: of cotton. The rate of duty will be 15.9 percent ad valorem.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s tank tops: of cotton. The rate of duty will be 18.8 percent ad valorem.

The applicable subheading for the skirt will be 6104.52.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s skirts and divided skirts: of cotton. The rate of duty will be 8.6 percent ad valorem.

The jacket falls within textile category designation 335. The tank top falls within textile category designation 339. The skirt falls within textile category designation 342. 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 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.

Sincerely,

Thomas S. Winkowski
Port Director

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