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NY C83850

February 27, 1998

CLA-2-61:RR:NC:TA:354 C83850


TARIFF NO.: 6108.92.0005; 6109.90.1090

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania 19153

RE: The tariff classification of women's garments from China, Hong Kong, Bangladesh, India, Macau, Turkey or Cambodia.

Dear Mr. Hoffacker:

In your letter dated January 27, 1998 you requested a classification ruling on behalf of Ariela & Alpha International LLC. The provided samples will be returned as per your request.

Three samples were submitted for review which will be available in woman's sizes Small through 3X. Style 8247 is a women's long sleeve V-neck undershirt constructed of a 50% cotton 50% polyester swiss pique knitted fabric. You have indicated that the fabric weight is 135 grams per square meter. The garment features lace trim around the neckline and sleeve openings, and a hemmed bottom. Style 8242 is a matching pair of women's long underpants featuring a covered elasticized waistband and a lace trimmed bottom at the ankles.

Style 8243 is a women's long sleeve scoop neck undershirt, this sample is constructed of a 50% cotton 50% polyester finely knitted fabric. The garment features elasticized trim around the neckline and sleeve openings, and a hemmed bottom. NOTE: Though the submitted sample differs in fabrication from that outlined above for styles 8247 and 8242, you have indicated that all three styles will be the imported in the same fabrication as that described for styles 8247 and 8242.

The applicable subheading for styles 8247 and 8243 will be 6109.90.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers . . . women's or girls': other. The general rate of duty will be 33.2 percent ad valorem.

The applicable subheading for style 8242 will be 6108.92.0005, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers . . . underwear: underpants. The rate of duty will be 16.6 percent ad valorem.

Styles 8247 and 8243 fall within textile category designation 639, while style 8242 falls within textile category designation 652. Based upon international textile trade agreements products of China, Hong Kong, Bangladesh, and India are subject to quota and the requirement of a visa. Products of Macau are subject to the requirement of a visa and products within textile category designation 639 are also subject to quota. Products of Turkey are subject to the requirement of quota and products within textile category designation 639 are also subject to 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.

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 Brian Burtnik at 212-466-5880.


Robert B. Swierupski

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