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NY D81185

August 25, 1998

CLA-2-62:LA:S:T:1:2:G04 D81185


TARIFF NO.: 6211.42.0054; 6204.62.4065

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

RE: The tariff classification of a girl's swing top and shorts from Hong Kong

Dear Mr. Evan:

In your letter dated August 12, 1998, on behalf of your client, Tommy Hilfiger U.S.A., Inc., you requested a tariff classification ruling.

The submitted sample, style J1700131, is a girl's swing top and shorts constructed from 100% cotton woven fabric that contains more than two colors in the warp and/or the filling. The swing top features a bib-styled front bodice that is completely smocked, self-fabric shoulder straps that are permanently attached in the front and adjustable in the back, an open back that is secured with a tie closure, a flared body, and a straight hemmed bottom. The pull-on shorts feature an elasticized waistband and hemmed leg openings. Although no size range is indicated in your letter, the submitted sample is a toddler girl's size 3T.

Your sample will be returned as requested.

The applicable subheading for the swing top will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of cotton: blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206: with two or more colors in the warp and/or fillings. The rate of duty will be 8.4% ad valorem.

The applicable subheading for the shorts will be 6204.62.4065, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' . . . trousers, bib and brace overalls, breeches and shorts: of cotton: other: other: other: shorts: girls': other. The rate of duty will be 17.3% ad valorem.

The swing top falls within textile category designation 341 and the shorts fall within textile category designation 348. As products of Hong Kong, this merchandise is subject to a visa requirement and quota restraints based upon international textile trade agreements.

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. 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 or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.


Irene Jankov

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