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NY E87456




October 20, 1999

CLA-2-61:RR:NC:TA:359 E87456

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.42.0010; 6110.30.3055

Ms. Cindy Scott
BDP International, Inc.
2721 Walker Avenue N.W.
Grand Rapids, MI 49504

RE: The tariff classification of women’s knit garments from Indonesia.

Dear Ms. Scott:

This letter replaces Port District Letter (PDL) PD E81002 that was issued to you on May 25, 1999. You state in your letter dated August 31, 1999 that the fiber content for style 712300 (100% cotton cardigan) has been changed to 100% polyester. You also state that the style number for the dress (712301) has been changed to style number 712350. Please see corrections below.

In your letter dated April 16, 1999, you requested a classification ruling on behalf of Meijer Inc. The submitted samples are identified by item numbers 712318, 712300 and 712350 and described as beach coverups.

Item number 712318 is a woman’s cardigan composed of 100% polyester mesh knit fabric. Item number 712300 is a woman’s cardigan composed of 100% polyester knit fabric. Item number 712350 is a woman’s dress composed of 55% cotton and 45% polyester textured knit fabric. The fabrics contain more than nine stitches per 2 centimeters when measured in the horizontal direction.

Item number 712318 features a full front zippered closure with “compass” zipper pull, hood, long capped sleeves, divided pouch pockets below the waist, side slits, and straight hemmed bottom which extends to the upper thigh area. The pockets and capping are composed of 50% polyester and 50% cotton jersey knit fabric.

Item number 712300 features a v-shaped neckline, full front zippered closure with “combination lock” pull, long hemmed sleeves, patch pockets below the waist, and straight hemmed bottom which extends to the upper thigh area. Item number 712350 is sleeveless and features a round neckline, full front zippered closure with “butterfly” pull, and straight hemmed bottom which extends to the area of the mid-thigh. The fabric is patterned in a “butterfly” design. The neckline and armholes have capped finishes.

The samples which have been submitted with your inquiry will be returned as requested.

The applicable subheading for item numbers 712318 and 712300 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTSUS), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: of man-made fibers: other ... other: women’s or girls’. The duty rate will be 33.1% ad valorem.

The applicable subheading for item number 712350 will be 6104.42.0010, HTSUS, which provides for women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses ... knitted or crocheted: dresses: of cotton: women’s. The duty rate will be 11.8% ad valorem.

Item numbers 712318 and 712300 fall within textile category designation 639. Item number 712350 falls within textile category designation 336. As products of Indonesia, the merchandise is subject to quota restraints and visa requirements 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. 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.

A copy of the ruling or 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, Mike Crowley at 212-637-7077.

Sincerely,

Robert B. Swierupski

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