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NY 803151



Nov. 11, 1994

CLA-2-61:S:N:N5:361 803151

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0060

Mr. Peter Weinrauch
Import Commodity Group Ltd.
156-15 146th Avenue
Suite 314
Jamaica, New York 11434

RE: The tariff classification of three women's knit garments from Bangladesh.

Dear Mr. Weinrauch:

In your letter dated October 10, 1994, you requested a tariff classification ruling on behalf of Intimate Resources, Ltd. Three garments designated as styles 5528, 5523, and 5520 have been provided and are being returned, as you requested.

All three styles are constructed from 100% cotton knit fabric, with a U shaped neckline, oversized armholes and straps under 2 inches in width. Each garment also has a lace insert at the front neckline.

Although you have indicated that these garments are underwear, and have provided the panty with which they will be sold, in fact, these garments are clearly capable of being seen when worn. Based on today's fashions, they will be worn in that manner, therefore, they would not be considered underwear.

The applicable subheading for these garments will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for knitted tank tops, of cotton, for women. The rate of duty will be 21 percent ad valorem.

These garments fall within textile category designation 339. Based upon international textile trade agreements, products of Bangladesh are subject to a visa requirement and quota restraints.

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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