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NY 852672

June 14, 1990

CLA-2-61:S:N:N3H:354 852672


TARIFF NO.: 6104.62.2010; 6109.10.0037

Mr. John T. Addario
Ja-Mar Forwarding
Airport International Plaza
U.S. 1-9 at International Way
Newark, NJ 07114

RE: The tariff classification of cotton knit garments from Hong Kong and Taiwan.

Dear Mr. Addario:

In your letter dated May 16, 1990, on behalf of Age Group, you requested a classification ruling.

Style 9065 is a 95% cotton and 5% spandex knit crop top. The garment has two inch wide shoulder straps, a scoop neck and self binding around armholes and neckline. The bottom of the garment is edged with a two inch wideelasticised band of "lace type" rashel knit material. The second sample, also style 9065, is a pair of woman's 95% cotton and 5% spandex knit pants. The pants have a one inch wide elasticized waist, are seamed in the center from the waist to the crotch and seamed from the crotch to the ankle on the inside of the leg. The pants are trimmed with a two inch wide "lace type" rashel knit material at the ankle.

The applicable subheading for the crop top will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

The applicable subheading for the woman's pants will be 6104.62.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: of cotton: other... trousers and breeches: women's. The duty rate will be 16.7 percent ad valorem.

The crop top falls within textile category designation 352. The pants fall within textile category designation 348. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and products of Taiwan are subject to visa requirements and quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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