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NY A82901

May 31, 1996

CLA-2-61:RR:NC:WA:359 A82901


TARIFF NO.: 6110.20.2075; 4202.92.1500

Ms. Carmen Puga, President
C.E.P. Custom Broker, Inc.
2801 N.W. 74th Ave., Suite 103
Miami, Florida 33122

RE: The tariff classification of women's knitwear from Mexico.

Dear Ms. Puga:

In your letter dated April 12, 1996, on behalf of Lady Ester, New York City, you requested a tariff classification ruling. Your sample will be returned.

Style 22-254 consists of three pieces: a woman's knitted pullover and a matching pair of relatively flimsy slippers, both of which are enclosed in a travel bag that has a drawstring closure. The pullover, the upper part of the slippers and the travel bag are constructed from knitted textile fabric that consists of 100% cotton fibers. The sole of the slippers is made of plastic. The pullover has a round, hemmed neckline; short, hemmed sleeves and a hemmed bottom. It is oversized and it extends from the wearer's neck and shoulders to below her thighs. The fabric of the pullover has more than nine stitches per two centimeters, measured in the horizontal direction.

The drawstring travel bag is designed to contain personal effects during travel and provides storage, protection and portability to the contents. The travel bag is not specially shaped or fitted for any specific article or set of articles. The travel bag and the instant contents are neither mutually complementary nor put up to meet a particular need or activity. The bag is used for travel, while the pullover and the slippers are worn.

For tariff classification purposes it is our understanding that the pullover and the slippers are imported together in one retail package. If this statement is true, then the pullover and the slippers are classified together as a set. The essential character of this set is given by the pullover, General Rules of Interpretation, Rule 3, Harmonized Tariff Schedule of the United States (HTS), noted.

The applicable subheading for the pullover and slippers will be 6110.20.2075, Harmonized Tariff Schedule of the United States (HTS), which provides for women's pullovers and similar articles, knitted: of cotton: other. The duty rate will be 19.9% ad valorem. The drawstring travel bag is applicable under HTS subheading 4202.92.1500, which provides for travel, sport and similar bags, with outer surface of textile materials, of vegetable fibers and not of pile or tufted construction, of cotton. The duty rate will be 7% ad valorem.

The pullover and the slippers fall within textile category designation 339. The drawstring travel bag falls in category 369. Based upon international textile trade agreements products of Mexico (category 339) are subject to quota restraints and the requirement of a visa. Products of Mexico (category 369) are not subject to quota restraints or visa requirements.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Mike Crowley at 212-466-5852.


Roger J. Silvestri

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