CLA-2-62:S:N:N:3-I:360 862500

Ms. Wendy Wieland
Mervyn's
25001 Industrial Boulevard
Hayward, CA 94545

RE: The tariff classification of women's woven garments from the Philippines.

Dear Ms. Wieland:

In your letter dated April 17, 1991, you requested a classification ruling.

The submitted samples, style numbers 53064 (53064X in extra large size), 53035, and 53033, are manufactured from 100% polyester satin fabric.

Style number 53064 is a woman's camisole. The garment covers the body from the top of the bust to below the waist and is supported on the body by 3/4"-wide shoulder straps. It has a faced top edge, which is V-shaped in front, and a capped bottom edge.

Style number 53035 is a pair of women's boxer-style shorts. The garment extends to the midthigh and features a fake fly front with two fabric-covered buttons at the waist; a 1"-wide waistband with an elasticized back containing two rows of shirring stitching; and 1 1/2"-high side vents.

Style number 53033 is a woman's tank-styled pullover garment. The garment consists of one front and one back panel, which taper upward and join at the shoulder seams. The garment measures 1" in width at the shoulder seams and features a V- shaped, capped neckline in front and back, capped armholes, and a capped bottom edge.

The samples are being returned under separate cover.

The applicable subheading for the camisole will be 6211.43.0090, Harmonized Tariff Schedule of the United States (HTS), which provides for other garments, women's or girls': of man-made fibers: other. The rate of duty will be 17 percent ad valorem. The applicable subheading for the boxer-style shorts will be 6208.22.0000, HTS, which provides for women's or girls' nightdresses and pajamas of man-made fibers. The rate of duty will be 17 percent ad valorem. The applicable subheading for the tank-styled pullover will be 6211.43.0060, HTS, which provides for other garments, women's or girls': of man-made fibers: blouses, shirts and shirt-blouses excluded from heading 6206. The rate of duty will be 17 percent ad valorem. The camisole falls within textile category designation 659; the boxers fall within textile category 651; and the tank-styled pullover falls within textile category 641. Based upon international textile trade agreements, products of the Philippines are subject to visa requirements and quota restraints. 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Sincerely,

Jean F. Maguire
Area Director
New York Seaport