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NY C88236


June 16, 1998

CLA-2-62:RR:NC:TA:360 C88236

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.49.1090; 6104.63.2030

Ms. Rebecca Cheung

Ann Taylor Global Sourcing, Inc.

142 West 57th Street

New York, NY 10019

RE: The tariff classification of women's garments from Hong Kong

Dear Ms. Cheung:

In your letter dated May 19, 1998, you requested a classification ruling. The samples submitted with your request will be returned to you under separate cover.

Style Z4898 is a camisole constructed from 100 percent silk woven fabric. The unlined garment covers the torso from the top of the bust to below the waist and features non-adjustable spaghetti straps. The top edge of the garment will be finished with a trim that is 90 percent polyester and 10 percent spansex knitted velour fabric, the same fabric construction as the straps. The front of the garment features a square shaped neckline while the back is cut straight across from side seam to side seam. The bottom edge is hemmed. The tailored garment features darts at the bust, facing along the top edge at the rear and is part of a class of garments commercially known as camisoles which are worn as outerwear.

Style KZ6026 is a pair of women's knit velour shorts made from 90 percent polyester and 10 percent spandex fabric. The fabric matches the trim found on style Z49898. The shorts feature a one inch wide covered waistband and wide legs.

Although you state that the garments are a coordinating group of sleepwear separates (camisole and tap shorts) that will be marketed and sold as sleepwear in the intimates section of Ann Taylor stores, you have presented no information to support your claim. There is nothing about the garments themselves that indicates that they were designed to be worn to bed. The garments therefore will be classified separately under their own headings.

The applicable subheading for style Z4898 will be 6211.49.1090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of other textile materials: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 5.2 percent ad valorem.

The applicable subheading for style KZ6026 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' shorts: of synthetic fibers. The duty rate will be 29.3 percent ad valorem.

Style Z4898 falls within textile category designation 759 and style KZ6026 within 648. Based upon international textile trade agreements products of Hong Kong under textile category designation 648 are subject to a visa requirement and quota restraints. Currently, products of Hong Kong under textile category designation 759 are not subject to a visa requirement or 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.

Sincerely,


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