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NY J88082




September 8, 2003

CLA-2-61:RR:NC:3:353 J88082

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1012, 6113.00.9086

Mr. Richard G. Fleischer Jr.
Richard G. Fleischer Customs Brokers
930 W. Hyde Park Blvd.
Inglewood, CA 90302

RE: The tariff classification of plastic and textile garments from Vietnam.

Dear Mr. Fleischer:

In your letter dated August 18, 2003, on behalf of Super Low Fat you requested a classification ruling. As requested, the samples will be returned to you.

The submitted samples are Style #s 3618 Pencil Skirt Red, 3502 Pleat Skirt Black, 8976 Tank Top Black and VNP2 Pant Black. All the garments are constructed of a knit polyester fabric that is coated with compact polyurethane plastic. The black polyurethane completely obscures the underlying fabric; the red polyurethane does not completely obscure the underlying fabric. Style # 3618 Pencil Skirt Red reaches to just below the knees and features a partial rear zipper closure, rear slit and fully finished waist and hem. Style # 3502 Pleat Skirt Black is a mini-skirt with pleats and features a partial rear zipper closure, and fully finished waist and hem. Style # 8976 Tank Top Black is sleeveless, and features a full rear zipper closure, and fully finished neck and waist. Style # VNP2 Pant Black has a front zipper closure and features two front slash pockets, two rear patch pockets, belt loops, and a fully finished waist.

The applicable subheading for Style # 3618 Pencil Skirt Red will be 6113.00.9086, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of knitted or crocheted fabrics of headings 5903, 5906 or 5907: Other, Other: Other: Women’s or girls’.” The duty rate will be 7.2% ad valorem.

The applicable subheading for Style #s 3502 Pleat Skirt Black, 8976 Tank Top Black and VNP2 Pant Black will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of knitted or crocheted fabrics of headings 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The duty rate will be 4.2% ad valorem.

Style #s 3502 Pleat Skirt Black, 8976 Tank Top Black and VNP2 Pant Black do not have a textile category designation and are not subject to quota or the requirement of a visa.

Style # 3618 Pencil Skirt Red falls within textile category designation 659. Based upon international textile trade agreements products of Vietnam are currently not subject to quota or the requirement of a visa.

Your inquiry does not provide enough information for us to give a classification ruling on the white “jacket.” Your request for a classification ruling should include a style number and description of the item, which appears to be a dress with darts and a full twelve-snap front. Please verify the type of garment. When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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