The tariff classification of ladies’ garments from Mexico and/or an undetermined Middle Eastern country.

NY G87090 March 1, 2001 CLA-2-62:RR:NC:TA:354 G87090 CATEGORY: Classification TARIFF NO.: 6104.62.2030; 6212.10.9010 Mr. Joseph J. Mazzola Mothers Work, Inc. 456 North Fifth Street Philadelphia, Pennsylvania 19123 RE: The tariff classification of ladies’ garments from Mexico and/or an undetermined Middle Eastern country. Dear Mr. Mazzola: In your letter dated February 7, 2001, you requested a classification ruling. The provided samples will be returned as per your request. Two samples of ladies’ maternity garments constructed of a 90% cotton 10% spandex knitted fabric were provided for review. Style 92245 is a pair of pull-on shorts with a covered elasticized waistband and hemmed leg openings. Style 99904 is an activewear nursing brassiere with a fitted two ply front panel. The shoulder straps have a slide adjustment at the rear, as well as a hook and eye adjustment at the bust area which enables the front panel to be lowered by the wearer. Additional features include a fabric covered heavily elasticized bottom band measuring approximately ¾ inch wide, a triple hook and eye rear closure, and elasticized capping around the top of the garment. The applicable subheading for style 92245 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Other . . . Shorts: Women’s. The duty rate will be 15.4 percent ad valorem. The applicable subheading for style 99904 will be 6212.10.9010, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other: of cotton. The rate of duty will be 17.2 percent ad valorem. Style 92245 falls within textile category designation 348 and style 99904 falls within textile category designation 349. Based upon international textile trade agreements products of Mexico within textile category designation 348 are subject to quota and the requirement of a visa. 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 Brian Burtnik at 212-637-7083. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division