CLA-2-61:S:N:N5:361 886775
Ms. Doris Acosta
Warnaco
90 Park Avenue 12th Floor
New York, NY 10018
RE: The tariff classification of a women's knit bodysuit from
Mexico, assembled of U. S. components.
Dear Ms. Acosta:
In your letter dated May 25,1993, you requested a tariff
classification ruling.
Style number 35136, is a woman's bodysuit. The upper
portion of the garment is constructed from a 48% polyester/41%
nylon/22% spandex finely knit fabric with velvet pile stripes.
The lower portion of the garment is constructed from a 78%
nylon/22% spandex knit mesh fabric. The garment features long
sleeves, a round neckline and three snap fasteners at the crotch.
There is a 2 inch cotton lining in the rear portion of the crotch
area. The upper portion of the garment is designed to be seen
when worn, therefore it is not considered an undergarment.
The applicable subheading for style 35136 will be
6114.30.2010, Harmonized Tariff Schedule of the United States
(HTS), which provides for other knit garments of man-made
fibers... bodysuits of fabric containing by weight 5% or more
elastometric yarn or rubber thread. The rate of duty will be
34.3 percent ad valorem.
The bodysuit falls within textile category designation 659.
Based upon international textile trade agreements, products of
Mexico 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.
Your letter states that the submitted sample is to be
assembled from U. S. components in Mexico. If your garment
meets the requirements set forth under the provisions of Sections
10.11-10.24 of the Customs Regulations, it would be eligible for
subheading 9802.00.80, HTS. Subheading 9802.00.80, HTS, applies
to articles assembled abroad in whole or in part of fabricated
components, that are products of the U. S., with no operations
performed thereon except the attachment of the components to form
the imported merchandise and operations incidental thereto. An
article classified under subheading 9802.00.80, HTS, is subject
to the duty upon the full appraise value of the imported article,
less the cost or value of products of the U.S.
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