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NY G81388




October 12, 2000

CLA-2-61:RR:NC:WA:361 G81388

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055; 6104.63.2030

Mr. Roger Heumann
Olympia Sports
500 Executive Blvd
Elmsford, NY 10523

RE: The classification of a woman’s textile and leather pullover and a pair of woman’s textile and leather shorts from China.

Dear Mr. Heumann:

In your letter dated August 10, 2000, with supplemental information provided in your letter of September 6, 2000, you requested a classification ruling for a woman’s knit and leather pullover and shorts. The sample is being returned, as you requested.

Style 97733-01vw is a woman’s pullover constructed from leather and knit fabric. The knit portion is composed of 80% nylon, 20% spandex fibers. The sleeveless pullover has three-inch shoulder straps; a v-shaped neckline in front and a square neckline in back; and a hemmed bottom. The leather portion includes shaped cups; two panels in front; and one panel in back. The textile portion of the garment includes the straps; two panels in the front; and two panels in the back.

Style 97735-01vw is a pair of woman’s shorts constructed from leather and knit fabric. The knit portion is composed of 80% nylon, 20% spandex fibers. The abbreviated shorts have a narrow elasticized waistband in back; a lace front closure; and hemmed leg openings. The leather portion of the shorts is a band, approximately two inches wide, at the waist in the front of the garment; the balance of the garment is made of textile fabric. Because the garments are made up of both textile fabric and leather, they are considered to be composite goods, under the General Rules of Interpretation (GRI) 3(b). The essential character of these garments are provided by the textile portion, thus the garments are classified as a knit textile pullover and a knit textile pair of shorts.

The applicable subheading for style 97733-01vw will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for pullovers, knitted or crocheted: of man-made fibers, women’s. The rate of duty will be 32.9 percent ad valorem.

The applicable subheading for style 97735-01vw will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sshortsknitted or crocheted: of synthetic fibers. The rate of duty will be 28.9 percent ad valorem.

Style 97733-01 falls within textile category designation 639; style 97735-01vw falls within textile category designation 648. 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 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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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