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NY F80803




January 26, 2000

CLA-2-61:K:TO:B8:I16

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030

Ms. Elizabeth Hodur
Warnaco Incorporated
90 Park Avenue
New York, NY 10016

RE: The tariff classification of women's knit garments from Costa Rica.

Dear Ms. Hodur:

In your letter dated December 29, 1999, you requested a classification ruling.

Five samples have been submitted. Styles 901 and 50640 are constructed from 85% cotton, 10% lycra spandex and 5% rayon knit fabric. Styles 919 and 50630 are constructed from 89% cotton and 11% lycra knit spandex. Style 905 is also constructed from 89% cotton and 11% lycra knit spandex with an attached inner panty constructed from 94% cotton and 6% lycra knit spandex.

Styles 901, 50630 and 50640 are women's pull-on shorts with wide elasticized waistbands and single self-fabric key loops attached to the front. Style 919 is a woman's pair of pull-on shorts with a covered elasticized waistband and an elasticized striped insert down the side of each leg. Style 905 is a woman's pair of pull-on shorts with a wide elasticized waistband, a simulated fly-front and an inner panty. As you have requested, the sample garments are being returned.

The applicable subheading for the five pairs of shorts will be 6104.62.2030, Harmonized Tariff Schedule of the United States Annotated, which provides for women's or girls' breeches and shorts (other than swimwear), knitted or crocheted, of cotton, other, shorts, woman's. The duty rate will be 15.6% ad valorem.

All the above styles fall within textile category designation 348. As products of Costa Rica these garments are currently subject to visa and quota requirements based upon international textile trade agreements.

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.

Sincerely,

Susan T. Mitchell Acting Area Director

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