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NY 865141

July 29, 1991

CLA-2-62:S:N:N:3-I:360 865141

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.42.0080

Ms. Mary Jo Muoio
Wolf D. Barth Co. Inc.
90 West Street
New York, NY 10006

RE: The tariff classification of a woman's woven garment from India.

Dear Ms. Muoio:

In your letter dated July 15, 1991, on behalf of your client, Halmode Apparel, you requested a classification ruling.

The submitted sample, style number 1103280, is a woman's one-piece garment, manufactured from two kinds of 100% cotton, woven fabric. The garment, which you describe as a "maternity romper", does not provide the requisite coverage for wear without another outer garment, such as a blouse. In back, the garment's coverage extends from the nape of the neck to the knees. The garment encloses the legs in two tubes, has a U-shaped top edge in front, the lowest point of which rises 8" above the natural waistline, and deep armholes. The garment also has two front and two back pockets; six belt loops at intervals around the waist; a mock, button-secured, flapped pocket on the upper front; and a rectangle-shaped textile applique on the upper back. The rear of the garment is constructed from two panels sewn together lengthwise, with each panel tapering upward and over the shoulder into a strap-like extension with a metal clasp attached to it. Each clasp, in turn, joins to one of two buttons on the front to support the garment on the wearer's body.

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 India 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

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