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NY B81553




February 10, 1997

CLA-2-61:RR:NC:TA:354 B81553

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0005; 6109.10.0037

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

RE: The tariff classification of ladies' underwear top and underpants from Macau.

Dear Mr. Ortiz:

In your letter dated January 23, 1997, filed in behalf of O'Bryan Brothers, you requested a classification ruling. The submitted samples are being returned to you as per your request.

You have submitted three samples, all of which are constructed from finely knit 100% cotton pointelle rib fabric. Style 797980 is a solid white color, while styles 797780 and 795180 are white with a printed floral design.

Styles 797980 and 797780 are ladies' long underpants featuring covered elasticized waistbands and hemmed bottoms at the ankles.

Style 795180 is a ladies' short sleeve undershirt featuring a scoop neck, capping around the neckline and sleeves, lace trim on the front bottom and a hemmed bottom on the back side.

The applicable subheading for the styles 797980 and 797780 will be 6108.91.0005, Harmonized Tariff Schedule of the United States (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 8.8 percent ad valorem.

The applicable subheading for style 795180 will be 6109.10.0037, 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 19.6 percent ad valorem.

All styles 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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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