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NY 858672


December 28, 1990

CLA-2-61:S:N:N3H:354 858672

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0015; 6114.20.0020; 6108.91.0005; 6109.10.0037

Ms. Abby J. Gold
Nantucket Industries, Inc.
105 Madison Avenue
New York, NY 10016

RE: The tariff classification of wearing apparel from China and Hong Kong.

Dear Ms. Gold:

In your letter dated November 21, 1990, you requested a classification ruling.

You have submitted photographs of four different garments. The first garment, style 5090, is a finely knit 100 percent cotton teddy. This garment features hi-cut leg openings, a three button placket front and a four snap closure at the crotch. This teddy is designed, worn and sold as underwear. The second garment, style 4068, is a bodysuit of a 100 percent cotton knit fabric. This bodysuit features a snap closure at the crotch and a print trim edging around the neck and the arm and leg openings. The same material is used for the narrow shoulder straps and to cover three buttons on the middle of the suit. The third garment, style 1139, is a pair of 100 percent cotton knit underpants. The underpants feature a mid-thigh leg with a lace trimmed hem and a three button placket front. The fourth garment, style 1138, is a 100 percent knit cotton crop top. This garment features wide straps, a scoop neckline and an elasticized neck, armholes and bottom.

The applicable subheading for style 5090 will be 6108.91.0015, 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 cotton... underwear: other: women's. The duty rate will be 9 percent ad valorem.

The applicable subheading for style 4068 will be 6114.20.0020, HTS, which provides for other garments, knitted or crocheted: of cotton... bodysuits and bodyshirts. The duty rate will be 11.5 percent ad valorem.

The applicable subheading for style 1139 will be 6108.910005, 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 cotton... underwear: underpants. The duty rate will be 9 percent ad valorem.

The applicable subheading for style 1138, will be 6109.10.0037, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton...women's or girls': underwear.

Styles 5090, 1139 and 1138 fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and products of China are subject to quota restraints and visa requirements.

Style 4068 falls within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements and products of China are 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 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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