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NY 811321





July 12,1995

CLA-2-61:S:N:NV:354 811321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Mr. Ernest M. Csak
Inter-Maritime Forwarding Co. Inc.
156 William Street
New York, NY 10038-2689

RE: The tariff classification of ladies' knit panties and brassiere from Honduras and the Dominican Republic.

Dear Mr. Csak

In your letter dated June 7, 1995, on behalf of Bestform Foundations, you requested a classification ruling. The samples are being returned to you, as requested.

Your submitted sample, style 334, is a ladies' panty constructed from ribbed knit 50% cotton 50% polyester fabric. The bikini style panties have an elasticized waist and leg openings and a knit cotton crotch lining. Two small strips of woven cotton fabric are overlaid on each side panel in the front.

Style 234 is also constructed from ribbed knit 50% cotton 50% polyester fabric. The garment features underwired seamed cups and an adjustable hook and eye rear closure. In addition the center portion, cup edging and adjustable shoulder straps are constructed from cotton woven material.

Garments made up of different components, (knit and woven fabrics) shall be classified as if they consisted of the material or component which gives them their essential character. In our opinion, based upon visible surface area, the knit portion conveys the essential character of both the panty and bra [GRI 3(B)]

For the classification of merchandise stated to be comprised of 50 percent cotton and 50 percent man-made fiber blended fabric, the Customs Service will apply the rule established in GRI 3 (c) of the HTSUSA, and require duty payment based on the subheading which occurs last in numerical order among those which equally merit consideration. (See e.g., HRL 082946 of December 9, 1988.)

We note that the merchandise may be submitted to a Customs laboratory for analysis and will be classified in accordance with the results of that analysis.

The applicable subheading for style 334, will be 6108.22.9020, HTS, which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of man-made fibers... other: women's. The duty rate will be 16.5 percent ad valorem.

The applicable subheading for style 234, will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other... of man- made fibers. The duty rate will be 17.9 percent ad valorem.

The panties fall within textile category designation 652, the bra in category 649. Based upon international textile trade agreements, products of the Dominican Republic 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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