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NY 853410

June 26, 1990

CLA-2-62:S:N:N3-I:360 853410

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Robert T. Stack, Esq.
Siegel, Mandell & Davidson, P.C.
One Whitehall Street
New York, N.Y. 10004

RE: The tariff classification of a woman's garment from Hong Kong.

Dear Mr. Stack:

In your letter dated June 11, 1990, on behalf of your client, Ellen Tracy, Inc., you requested a tariff classification ruling.

The submitted sample, style number 6915, which you describe as a "camisole bustier", is a woman's fully lined, strapless camisole. You state that the garment is constructed from "Calais lace" fabric, composed of 80% cotton, 14% rayon and 6% nylon (by weight), which "is woven on a leavers (sic) machine." The lining is constructed from 100% silk, woven fabric. The construction of the fabric used for the outershell is subject to verification, at the time of importation, by U.S. Customs.

The garment covers the torso from the top of the bust to below the waist. It has a partial opening on the left side, which is secured by a zipper and a hook-and-eye fastener; two, concealed, plastic stays on the front and back; a scalloped, top edge; and a slightly curved, bottom edge. The garment also has two narrow pieces of fabric on the back, in the form of loops, which are stitched to the inside surface near the top edge. The loops, which you refer to as"spaghetti straps", are constructed from the same fabric used for the lining and are used to hang the garment. The sample is being returned under separate cover.

The applicable subheading for the garment will be 6211.42.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls', of cotton, other. The rate of duty will be 8.6 percent ad valorem.

The garment falls within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement. 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.

Sincerely,

Jean F. Maguire
Area Director

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