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NY C80838

November 10, 1997

CLA-2-62:RR:NC:TA:360 C80838


TARIFF NO.: 6211.42.0081

Mr. Alan G. Lebowitz
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Ave. - 33rd Fl
New York, NY 10167-3397

RE: The tariff classification of women's woven garments from India

Dear Mr. Lebowitz:

In your letter dated October 16, 1997, you requested a classification ruling on behalf of Tandler Textile, Inc. The sample submitted with your request will be returned to you under separate cover.

Style 80082 is a women's lower body garment constructed from 100 percent cotton woven fabric. The abbreviated shorts-like garment features an elasticized waistband with a drawstring, a single button fly opening and oversized leg openings. You state that the garment will not be marketed or sold as outerwear. The garment lacks sufficient coverage to worn as an outerwear garment.

The applicable subheading for style 80082 will be 6211.42.0081, Harmonized Tariff Schedule of the United States (HTS), which provides for Track suits, ski-suits and swimwear; other garments: other garments, women's or girls': of cotton: other. The duty rate will be 8.4 percent ad valorem.

Style 80082 falls within textile category designation 359. Based upon international textile trade agreements products of India are subject to a visa requirement and quota restraints.

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 Patricia Schiazzano at (212) 466-5866.


Robert B. Swierupski

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