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NY B88788

September 15, 1997



TARIFF NO.: 6204.69.9046, 6211.49.9070

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz & Silverman, L.L.P. 245 Park Avenue, 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a pair of women's shorts and a women's vest to be manufactured in China

Dear Mr. Evan:

In your letter dated August 19, 1997, you requested a tariff classification ruling on behalf of Cherry Stix, Ltd., of New York, New York.

The submitted samples are to be sold as a set, which has been designated style number 51300. Both the shorts and the vest have been manufactured from a 55% linen, 45% rayon woven fabric.

The pair of shorts, which extends to just below mid-thigh, features a fly front opening secured by a fine-toothed plastic zipper and two fabric-covered buttons at the waistband, four belt loops, two side insert pockets, a right rear insert pocket secured by a single fabric-covered button, a separate plastic belt with a metal buckle which is threaded through the belt loops, and a straight, hemmed bottom.

The vest, which extends to the hips and which is fully lined with a 100% nylon woven fabric, features a full frontal opening secured by six fabric-covered buttons, a notched collar, oversized armholes, two front insert pockets below the waist, two-inch vents at the side seams, and a straight, hemmed bottom.

The applicable subheading for the shorts is 6204.69.9046, Harmonized Tariff Schedule of the United States (HTS), which provides for other women's or girls' shorts, of other textile materials. The applicable rate of duty is 2.9%, ad valorem.

The applicable HTS subheading for the vest is 6211.49.9070, which provides for other women's or girls' vests, of other textile materials. The applicable rate of duty is 7.6%, ad valorem.

The shorts fall within textile category designation 847, whereas the vest falls within textile category designation 859. Based on international textile trade agreements, products of China are subject to quota and the requirement of a visa.

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.

The samples are being returned to you, as requested.

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.


John M. Regan
Service Port Director

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