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NY 886775

June 24, 1993

CLA-2-61:S:N:N5:361 886775


TARIFF NO.: 6114.30.2010

Ms. Doris Acosta
90 Park Avenue 12th Floor
New York, NY 10018

RE: The tariff classification of a women's knit bodysuit from Mexico, assembled of U. S. components.

Dear Ms. Acosta:

In your letter dated May 25,1993, you requested a tariff classification ruling.

Style number 35136, is a woman's bodysuit. The upper portion of the garment is constructed from a 48% polyester/41% nylon/22% spandex finely knit fabric with velvet pile stripes. The lower portion of the garment is constructed from a 78% nylon/22% spandex knit mesh fabric. The garment features long sleeves, a round neckline and three snap fasteners at the crotch. There is a 2 inch cotton lining in the rear portion of the crotch area. The upper portion of the garment is designed to be seen when worn, therefore it is not considered an undergarment.

The applicable subheading for style 35136 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for other knit garments of man-made fibers... bodysuits of fabric containing by weight 5% or more elastometric yarn or rubber thread. The rate of duty will be 34.3 percent ad valorem.

The bodysuit falls within textile category designation 659. Based upon international textile trade agreements, products of Mexico 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.

Your letter states that the submitted sample is to be assembled from U. S. components in Mexico. If your garment meets the requirements set forth under the provisions of Sections 10.11-10.24 of the Customs Regulations, it would be eligible for subheading 9802.00.80, HTS. Subheading 9802.00.80, HTS, applies to articles assembled abroad in whole or in part of fabricated components, that are products of the U. S., with no operations performed thereon except the attachment of the components to form the imported merchandise and operations incidental thereto. An article classified under subheading 9802.00.80, HTS, is subject to the duty upon the full appraise value of the imported article, less the cost or value of products of the U.S.

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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