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NY C85369

April 3, 1998

CLA-2-61:RR:NC:WA:361 C85369


TARIFF NO.: 6104.63.2030; 6114.30.1020

Mr. Francisco Gomez, Jr.
R. L. Jones Tecate Inc.
Customhouse Brokers
P.O. Box 970
Tecate, Ca. 91980

RE: The classification of women's shorts and halter top from Mexico.

Dear Mr. Gomez:

In your letter dated February 5, 1998, with additional information provided on March 11, 1998, you requested a classification ruling for women's shorts and halter top on behalf of Extreme Sports, Inc. As indicated in your request, you are interested in a classification ruling only, and not a determination of NAFTA eligibility. As you requested, the samples are being returned.

Style JSW401 is a pair of shorts for women, constructed from 80% nylon, 20% spandex knit fabric. The abbreviated shorts feature a false textile belt of the same fabric with non functional two buttons, and a plain hemmed bottom.

Style JSW204 is a woman's halter top constructed from 80% nylon, 20% spandex knit fabric. The halter features a front scoop neckline that extends into straps that tie around the neck, in back, a back formed by a panel that is cut straight from side seam to side seam, leaving the upper third of the back bare, and a plain, hemmed bottom.

The applicable subheading for styles JSW401 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts, knitted or crocheted, of synthetic fiber. The rate of duty will be 29.3 percent ad valorem.

The applicable subheading for style JSW204 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, knitted or crocheted, of man-made fibers, tops, for women. The rate of duty will be 29.3 percent ad valorem.

Style JSW401 falls within textile category designation 638; Style JSW204 falls within textile category designation 639. Based upon international textile trade agreements, products of Mexico that are not NAFTA originating, are subject to a visa requirement 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.

This ruling is being issued under the provisions of Part 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Robert B. Swierupski

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