CLA-2-61:62:RR:NC:TA:3:358 C89279

Mr. William Volmerhausen

Kmart Corporation

3100 West Big Beaver Road

Troy, MI 48084-3163

RE: The tariff classification of a pair of girl's shorts and a babydoll top from Mauritius.

Dear Mr. Volmerhusen:

In your letter dated June 17, 1998, you requested a tariff classification ruling.

The submitted samples, Style #3506, consist of a pair of girl's shorts and a babydoll top. The upper portion of the top is constructed of 60% cotton and 40% polyester knit pointelle fabric. The lower portion of the top is constructed of 60% cotton and 40% woven polyester seersucker fabric. The top is sleeveless and features a scoop neckline with embroidered trim, a woven textile bow stitched at the waist, a front opening with a ruffled trim, beginning at the high waist, and a hemmed bottom. The shorts feature an elasticized waist, a textile bow stitched at both sides, and hemmed leg openings.

You state in your letter that the garments will be imported in girls' sizes 2T-5T.

The applicable subheading for the shorts will be 6104.62.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' shorts knitted or crocheted, of cotton, shorts, girls', other. The duty rate will be 16% ad valorem.

The shorts, fall within textile category designation 348. Based upon textile trade agreements, products of Mauritius are presently subject to quota restraints and visa requirements.

The applicable subheading for the babydoll top will be 6211.42.0054, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear; other garments, of cotton, blouses, shirts and shirt-blouses, sleeveless tank styles and similar upper body garments, excluded from heading 6206, with two or more colors in the warp and/or fillings. The duty rate will be 8.4% ad valorem.

The babydoll top, falls within textile category designation 341. Based upon textile trade agreements, products of Mauritius are presently subject to quota restraints and visa requirements.

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 (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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski

Director

National Commodity

Specialist Division