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NY A86811




August 27, 1996

CLA-2-61:RR:NC:WA:354 A86811

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037; 6108.91.0050

Mr. Shay Hult
O'Bryan Brothers, Inc.
180 Madison Avenue
New York, New York 10016-2390

RE: The tariff classification of ladies' cotton undershirt and underpants from Macau.

Dear Mr. Hult:

In your letter dated August 20, 1996 you requested a classification ruling. As requested, your samples are being returned with the ruling.

You have submitted two samples. Style 056880 is a ladies undershirt constructed of a finely knit lightweight, translucent pointelle cotton fabric. The sample features a scoop neck, short sleeves, capping around the neckline and sleeves and a hemmed bottom.

Style 018780 is a ladies finely knit lightweight cotton bike short style underpant. The sample features a covered waistband, hemmed leg openings and a sewn-on label by the lower left leg opening with "Cuddl Duds printed on it.

We are unable to provide classification information on style 016880 without a sample in the actual fabrication.

The applicable subheading for the style 056880 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton . . . Women's or girls': underwear. The duty rate will be 20.1 percent ad valorem.

The applicable subheading for the style 018780 will be 6108.91.0050, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton . . . Underwear: underpants. The duty rate will be 8.9 percent ad valorem.

Both the undershirt and underpants fall within textile category designation 352. Based upon international textile trade agreements products of Macau are subject to the requirement of a visa.

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 Part 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 Brian Burtnik at 212-466-5880.

Sincerely,

Roger J. Silvestri
Director

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