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NY 860601

March 19, 1991

CLA-2-62:S:N:N3I:361 860601

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4055; 6115.11.0010; 6115.12.0000

Laura M. Denny
Edison Brothers Stores Inc.
501 N. Broadway, P.O.Box 66995
St. Louis MO 63166-6995

RE: The tariff classification of a pair of women's woven denim shorts and a pair of women's knit tights from Indonesia.

Dear Ms. Denny :

In your letter dated February 1, 1991, you requested a classification ruling.

The submitted sample style no. 336136 is a pair of women's shorts constructed from a 100% woven cotton fabric and a pair of women's knit tights constructed from a 100% nylon fabric. These garments are attached (but not permanently) in two locations in the back of the waistband, by two sets of bar tacked stitches.

The tights extend to the mid-thigh area and feature a lace material throughout the garment, an elastic waistband and a wide lace border of a different pattern sewn on to the leg openings.

The shorts extend to the upper thigh area and feature a fly front one button zippered closure, three front pockets, two rear pockets, three belt loops and a polyurethane belt. The denim shorts has two rips in the front near the leg openings, and two rips in the rear near the leg openings which would enable the tights to be visible if the two garments are worn together. There is also a rip in the rear pocket which has no effect on the visibility of the tights since the rip does not go through to the reverse side of the garment. The shorts can be worn without the tights and the tights can be worn without the shorts.

As you have requested, the sample garments are being returned.

The applicable subheading for the tights will be 6115.11.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's knit tights of synthetic fibers, measuring per single yarn less than 67 decitex, or 6115.12.0000, HTS, which provides for women's knit tights of synthetic fibers measuring per single yarn more than 67 decitex. The rate of duty will be 17 percent ad valorem.

The applicable subheading for the shorts will be 6204.62.4055, HTS, which provides for women's shorts of cotton, other. The rate of duty will be 17.7 percent ad valorem.

The shorts fall within textile category designation 348. The tights fall within textile category designation 659. Based upon international textile trade agreements, products of Indonesia 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.

Sincerely,

Jean F. Maguire
Area Director

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