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NY 816523




December 4, 1995

CLA-2-62:RR:NC:WA:360 816523

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6207.19.9010

Mr. Johnny Lee
BJ Customs Brokerage Co. Inc.
P.O. Box 91034
Los Angeles, CA 90009-1034

RE: The tariff classification of women's sleepwear and men's underwear from China

Dear Mr. Lee:

In your letter dated November 8, 1995, you requested a classification ruling on behalf of Frederick's of Hollywood. The samples submitted with your request will be returned to you under separate cover.

Style 2889 is a pair of men's thong-styled briefs constructed from 100 percent woven polyester fabric. The garment features an elasticized waist and leg openings.

Style 2772 consists of two pieces constructed from 100 percent woven polyester fabric. The upper body garment features double adjustable spaghetti straps, a v-neckline and a full front opening secured by five self covered buttons and loops. The bottom piece has an short, flared legs with 5 inch vents and an elasticized waist.

Style 2770 consists of two pieces constructed from 100 percent woven polyester. The upper body garment features adjustable spaghetti straps, a scoop neckline and a drawstring waist. The garment also has 3 3/4 inch side vents. The bottom has short, flared legs and an elasticized waist.

The applicable subheading for style 2889 will be 6207.19.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' singlets and other undershirts, underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles: underpants and briefs: of other textile materials: other: of man-made fibers. The duty rate will be 11.1 percent ad valorem.

The applicable subheading for styles 2772 and 2770 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The duty rate will be 16.9 percent ad valorem.

Style 2889 falls within textile category designation 652; styles 2772 and 2770 fall within textile category 651. Based upon international textile trade agreements products of China are subject to a visa requirement and quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Patricia Schiazzano at (212) 466 - 5866.

Sincerely,

Roger J. Silvestri
Director

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