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NY G80737




August 28, 2000

CLA-2-61:RR:NC:WA:361 G80737

CATEGORY: CLASSIFICATION

TARIFF NO.: 6106.10.0010; 6106.20.2010

Ms. Stacy L. Weinberg
Grunfeld, Desiderio, Lebowitz & Silverman LLP Counselors at Law
245 Park Avenue – 33rd floor
New York, NY 10167

RE: The classification of two women’s shirts from Korea and Macau.

Dear Ms. Weinberg:

In your letter dated August 17, 2000, you requested a classification ruling for two women’s garments on behalf of Bernard Chaus, Inc. The samples are being returned, as you requested.

Style 5280 is a woman’s shirt constructed from 100% cotton pile mounted on a polyester and spandex knit ground fabric. The overall fiber content is 70% cotton, 25% polyester, and 5% spandex. The fabric of the shirt has more than ten stitches per centimeter measured in both the horizontal and vertical directions. The shirt has a full front opening with a zipper closure; a collar; long sleeves and a hemmed bottom.

Style 5305 is a woman’s shirt constructed from 75% polyester, 25% rayon knit fleece fabric with more than ten stitches in both the horizontal and vertical directions. The shirt has a full front opening with right-over-left button closure; a collar; and long sleeves. Both the sleeves and the bottom of the garment are finished with a scalloped eyelet edging.

For styles 5280, the pile determines the fiber content; the ground portion of the fabric is not considered. Thus, style 5280 is considered to be in chief weight of cotton.

The applicable subheading for style 5280 will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sblouses or shirts, knitted or crocheted: of cotton. The rate of duty will be 20.2 percent ad valorem.

The applicable subheading for style 5305 will be 6106.20.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sblouses or shirts, knitted or crocheted: of man-made fibers. The rate of duty will be 33 percent ad valorem.

Style 5280 falls within textile category designation 339; style 5305 falls within textile category designation 639. Based upon international textile trade agreements products of Korea and Macau are subject to the requirement of visa and quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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