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NY 804275




December 15, 1994

CLA-2-61:S:N5:354 804275

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0005; 6108.99.4013

Mr. William Ortiz
S.J. Stile Associates Ltd.
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of women's underpants from Hong Kong.

Dear Mr. Ortiz:

In your letter dated November 15, 1994, on behalf of O'Bryan Brothers, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, style NY013, is a pair of 65% cotton and 35% nylon knit woman's long underwear. The underpants feature an enclosed elasticized waist, hemmed bottoms and a cotton inner face that absorbs moisture.

Style NY017, is a pair of 70% silk and 30% cotton ribbed knit woman's long underwear. The underpants feature an enclosed elasticized waist and hemmed bottoms. Style NY019 is identical to style NY017, except that they aren't ribbed.

The applicable subheading for style NY013, will be 6108.91.0005, 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: other: of cotton, underwear: underpants. The duty rate will be 9 percent ad valorem.

The applicable subheading for styles NY017 and NY019, will be 6108.99.4013, HTS, which provides for women's or girls' slips, petticoats, briefs, panties. . . and similar articles, knitted or crocheted: other: other, containing 70 percent or more by weight of silk or silk waste: underwear. The duty rate will be 4 percent ad valorem.

Style NY013, falls within textile category designation 352. 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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