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NY D82184

September 18, 1998

CLA-2-61:RR:NC:TA:354 D82184


TARIFF NO.: 6109.90.1065; 6110.30.3055

Mr. Elizabeth Hodur
Warnaco Inc.
90 Park Avenue
New York, New York 10016

RE: The tariff classification of ladies' garment from Mexico, Costa Rica and Honduras.

Dear Ms. Hodur:

In your letter dated September 10, 1998, you requested a classification ruling. The provided samples will be returned as per your request.

Five samples of "Olga" wearing apparel were submitted for review. Style 14009 is woman's knitted pullover consisting of a 87% nylon, 13% spandex fabric with more than nine stitches per two centimeters, measured in the direction in which the stitches were formed. The hemmed bottom pullover extends from the wearer's neck and shoulders to below her waist. The garment features a transparent shelf bra attached on the inside, a round, capped neckline and short, hemmed sleeves.

Style 3610 is a ladies' camisole constructed of knitted transparent 80% nylon 20% spandex fabric. The camisole features spaghetti straps, raschel lace-like trim at the neckline, and a hemmed bottom.

Style 10309 is a ladies' camisole constructed of knitted translucent 87% nylon 13% spandex fabric. The camisole features underwired cups, adjustable shoulder straps, a hemmed bottom, and elasticized trim across the v-neckline, armholes, and scoop back. Style 10009 is a ladies' camisole constructed of knitted translucent 87% nylon 13% spandex fabric. The camisole features shelf cups, adjustable elasticized shoulder straps, a hemmed bottom, and elasticized trim across the scoop neck and back, and the armholes.

Style 37648 is a ladies' camisole constructed of knitted nylon fabric with adjustable ribbon shoulder straps. The camisole features raschel lace-like trim across the v-neckline, back, armholes and the bottom.

The applicable subheading for style 14009 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other: other: other . . . other: other: women's or girls'. The duty rate will be 33.3 percent ad valorem.

The applicable subheading for styles 3601, 10309, 10009, and 37648 will be 6109.90.1065, HTS, which provides for T-shirts, singlets, . . . and similar garments knitted or crocheted: of man-made fibers, women's or girls': tank tops and singlets, women's. The general rate of duty will be 33.2 percent ad valorem.

Style 14009 falls within textile category designation 639. Based upon international textile trade agreements products of Mexico 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.

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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