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NY 893422




January 14, 1994

CLA-2-61:S:N:N5:354 893422

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.21.0010; 6108.92.0015; 6108.91.0015; 6108.22.0020; 6109.90.1065

Mr. J.M. Abrahams
Phil Patterson, Inc.
1209 Harney Street
Suite 250
Omaha, NE 68102

RE: The tariff classification of woman's underwear from Turkey.

Dear Mr. Abrahams:

In your letter dated December 15, 1993, on behalf of Intimate Momentous Lingerie, Inc., you requested a tariff classification ruling.

The first submitted sample, you refer to as Item A is a 100% cotton knit woman's brief. The item is a tanga style brief with an elasticized waist and hi-cut leg openings.

The submitted sample, you refer to as Item B is a 100% polyester "lace-like" openwork knit underwear teddy. The garment features a laced up front elasticized neck and back straps and an elasticized rear thong.

The submitted samples, you refer to as Item C is a 100% knit cotton cami and panty set. The cami features spaghetti straps, a three button front closure, a two inch wide trim and four adjustable garters. The panty features a an elasticized band which forms the waist and hi-cut elasticized leg openings.

The submitted samples, you refer to as Item D is a 100% knit polyester "lace-like" openwork crop top and panty set. The crop top features elasticized neck and armholes and an elasticized lace bottom edging. The panty features an elasticized lace band which forms the waist and hi-cut elasticized leg openings.

The applicable subheading for item A and the panties of item C will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, . . . and similar articles, knitted or crocheted: briefs and panties: of cotton, women's. The rate of duty will be 8.1 percent ad valorem.

The applicable subheading for item B will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips . . . and similar articles knitted or crocheted: other: of man-made fibers, underwear: other: women's. The rate of duty will be 17 percent ad valorem.

The applicable subheading for item C cami will be 6108.91.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips . . . and similar articles knitted or crocheted: other: of cotton, underwear: other: women's. The rate of duty will be 9 percent ad valorem.

The applicable subheading for item D panty will be 6108.22.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, . . . and similar articles, knitted or crocheted: briefs and panties: of man-made fibers, women's. The rate of duty will be 16.6 percent ad valorem.

The applicable subheading for item D crop top will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers, women's or girls': tank tops and singlets: women's. The rate of duty will be 34 percent ad valorem.

The crop top of sample D falls within textile category designation 639. Based upon international textile trade agreements, products of Turkey 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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