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NY 897583





May 16, 1994

CLA-2-62:S:N5:354 897583

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.2030; 6208.99.6030

Mr. Bernard Dayan
Gelmart Industries, Inc.
20-20 129th Street
College Point, NY 11356

RE: The tariff classification of brassieres and panties from the Philippines.

Dear Mr. Dayan:

In your letter dated April 29, 1994, you requested a classification ruling.

You have submitted five samples. Style 6599 is a long line silk brassiere. The garment features an underwire, four stays, adjustable straps, a 7 hook and eye bra type double closure and a small bow in the center of the cups. Style 6434 is a heavily padded silk push-up brassiere. The garment features an underwire, adjustable straps and a hook and eye bra type back closure. Style 6430 is a silk brassiere. The garment features an underwire, adjustable straps and a 2 hook and eye bra type double closure and a small bow in the center of the cups. All the brassieres feature backs constructed of an openwork man-made fabric.

Sample 6428 is a woven silk panty. The panty features an elasticized waist, hi-cut elasticized leg openings, a small bow in the center of the waist and a rear panel of an open work knit man-made fabric. Sample 6395 is a woven silk tanga panty. The garment features an elasticized V-shaped waist, hi-cut elasticized leg openings and the rear tanga is constructed of an open work knit man-made fabric. The essential character of all the garments is imparted by the silk portion.

The applicable subheading for styles 6599, 6434 and 6430 will be 6212.10.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres: other, other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 18 percent ad valorem.

The applicable subheading for styles 6428 ad 6395 will be 6208.99.6030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, . . . other: of silk or silk waste, other: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 7.5 percent ad valorem.

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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