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NY G85122





January 8, 2001

CLA-2-61:RR:NC:WA:361 G85122

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2030; 6212.10.9020

Mr. Michael R. Spano
Atty In Fact
Michael R. Spano & Co., Inc.
Custom House Brokers-Import Consultant
190 McKee Street
Floral Park, NY 11001

RE: The classification of two women’s garments from Italy.

Dear Mr. Spano:

In your letter dated December 4, 2000, you requested a classification ruling for two women’s knit garments on behalf of Ellesse USA, Inc. The samples are being returned, as you requested.

Style “Follia” is composed of two women’s knit garments, described as a warm up suit, consisting of a top and shorts. The garments are constructed from 91% nylon, 9% spandex knit fabric. The top is a sports bra with one-inch shoulder straps; a racer back; and a heavily elasticized ¾-inch band sewn into the bottom hem. The shorts have a ¾-inch elasticized waistband and hemmed leg openings.

The applicable subheading for the top of style “Follia” will be 6212.10.9030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres of man-made fibers. The rate of duty will be 17.2 percent ad valorem.

The applicable subheading for the shorts of style “Follia” 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 28.7 percent ad valorem.

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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