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NY 853162


July 3, 1990

CLA-2-61:S:N:N3H:354 853162

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.0020; 6108.92.0015

Ms. Sara Y. Okaya
MAST Industries, Inc.
P.O. Box 9020
100 Old River Road
Andover, MA 01810

RE: The tariff classification of underwear from Hong Kong.

Dear Ms. Okaya:

In your letter dated June 1, 1990, you requested a classification ruling. Your samples are being returned, as requested.

Style VSP254, is a woman's knit brief. The back and crotch of the brief is made of 85% cotton and 15% spandex. The front of the brief is constructed from two raschel knit lace like fabric panels seamed together in the center of the garment. The panels are made of 89% nylon and 11% spandex. The panties have partially elasticized leg openings and a bow in the middle of the elasticized waist. The essential character of this garment is imparted by the raschel knit portion. Style VSP253, is a woman's cropped camisole made of 89% nylon and 11% raschel knit lace like fabric, except for half of the sewn-in cups which are 85% cotton and 15% spandex. This garment has thin shoulder straps, a scalloped neckline and hem, and a bow in the center of the neckline.

The applicable subheading for style VSP254 will be 6108.22.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of man-made fibers... other: women's. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for style VSP253, will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers... underwear: other: women's. The duty rate will be 17 percent ad valorem.

Styles VSP254 and VSP253, fall within textile category designation 652. Based upon international textile trade agreements, products of Hong Kong are subject to 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 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

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