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NY I87243




November 12, 2002

CLA-2-61:RR:NC:WA:361 NY I87243

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.53.2010; 6114.30.3070

Ms. Bettina Csekme
Speigel Imports
3500 Lacey Road
Downers Grove, IL 60515

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

Dear Ms. Csekme:

In your letter dated October 7, 2002, you requested a classification ruling.

The submitted samples are described as follows:

Style #58-0914k - a woman's skirt constructed from 72% nylon, 28% spandex knit fabric. The garment features an elasticized waistband, a full front opening with a zipper closure, and a hemmed bottom.

Style #58-0864k – a woman’s garment constructed from 80% nylon, 20% spandex knit fabric. The pull-on thigh length garment features a flat elasticized waistband, a slit in front that extends upward 9 inches from the bottom, resulting in a garment that has insufficient coverage to be worn as a skirt, a decorative leather tassel stitched to the left front waistband, and a hemmed bottom.

We are returning your sample as you requested.

The applicable subheading for the woman’s skirt, Style #58-0914k will be 6104.53.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sskirts and divided skirts: Of synthetic fibers, women’s. The duty rate will be 16.2% ad valorem.

The skirt falls within textile category designation 642. Based upon international textile trade agreements this category from China is subject to quota restraints and the requirement of a visa. The applicable subheading for the woman’s garment, Style 58-0864k will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, other, other, women’s or girls’. The duty rate will be 15.1% ad valorem.

The garment, Style 58-0864k falls within textile category designation 659. Based upon international textile trade agreements this category from China is subject to quota restraints 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 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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