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NY 854336


August 6, 1990

CLA-2-61:S:N:N3H:354 854336

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.0020; 6108.92.0015

Mr. Richard Wortman
Grunfeld, Desiderio, Lebowitz & Silverman 12 East 49th Street
New York, NY 10017

RE: The tariff classification of a woman's underwear top and briefs from Hong Kong.

Dear Mr. Wortman:

In your letter dated July 9, 1990, on behalf of Mast Industries, Inc., you requested a classification ruling. The samples will be returned to you, as requested.

The submitted style, VSP 244, is a woman's knit brief. The back and crotch of the brief is made from a fabric that is 85% cotton and 15% spandex. The front of the brief is an openwork raschel knit fabric of 89% nylon and 11% spandex with a scalloped waist. This garment also features elasticized leg openings, an elasticized back of the waist and a small woven bow on the center front of the garment. The second submitted style, VSP 246, is a woman's knit underwear top. The sides and part of the front are made from a knit fabric that is 85% cotton and 15% spandex. The balance of the garment is constructed from a lace-like open work raschel knit fabric of 89% nylon and 11% spandex. The garment has two inch wide scalloped shoulder straps and scalloped plunge neckline. A three inch wide scalloped band extends around the garment below the bust. The essential character of both garments is imparted by the raschel knit fabric.

The applicable subheading for style, VSP 244, 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, VSP 246, will be 6108.92.0015, (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 VSP 244 and VSP 246, 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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