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NY F81161




January 19, 2000

CLA-2-62:RR:NC:360 F81161

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6110.30.3055

Mr. Douglas R. McMenamin
IBERC
1001 Pennsylvania Avenue, N.W.
6th Floor
Washington, D.C. 20004

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

Dear Mr. McMenamin:

In your letter received on December 20, 1999, you requested a classification ruling on behalf of Helix Group of New York. The sample that you have submitted will be returned to you under separate cover.

Style 4-57-030 consists of a full-length pullover garment and a top designed to be worn over the other garment. The upper body portion of the full length garment is constructed from 100 percent polyester knitted fabric and the skirt portion is constructed from 80 percent rayon and 20 percent nylon woven fabric. The full-length garment is sleeveless and features a scoop neckline, a dropped waist and a pleated skirt portion. While the skirt portion is of a patterned woven fabric, which coordinates with the solid colored knitted top, the top portion of the garment is of a plain, lining fabric that is not intended, or likely, to be visible during normal wear. The garment therefore is not classifiable as a dress. The pullover top is constructed from 100 percent polyester knitted fabric. The pullover features short sleeves, a round neckline, shoulder pads and side vents.

The applicable subheading for the full length garment will be 6211.43.0091, 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 man-made fibers: other. The duty rate will be 16.4 percent ad valorem.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other: other: women’s or girls’. The duty rate will be 32.9 percent ad valorem.

The full-length garment falls within textile category designation 659 and the pullover falls within textile category designation 639. Based upon international textile trade agreements products of Indonesia 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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