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NY B87560




July 28, 1997

CLA-2-61:RR:NC:TA:354 B87560

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6109.90.1065

Ms. Michele R. Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Avenue, 33rd Floor
New York, New York 10167-3397

RE: The tariff classification of women's garments from Hong Kong, China and Bangladesh.

Dear Ms. Markowitz:

In your letter dated July 8, 1997, filed on behalf of Van Dale Industries, Inc., you requested a classification ruling. The provided samples will be returned as per your request.

Four samples were submitted for classification. Style VD1 is a women's boyleg brief constructed of knit polyester panne velvet fabric. The brief features an elasticized waist and hemmed leg openings.

Style VD2 is a women's boyleg brief constructed of 82% nylon 18% spandex knitted fabric. The brief features an elasticized waist and hemmed leg openings.

Style VD5 is a women's camisole constructed of 95% polyester 5% spandex knitted material. The camisole features a scoop neckline and back, adjustable elasticized fabric spaghetti straps which encircle the neckline, armholes, and back, and a hemmed bottom.

Style VD6 is a women's camisole constructed of knit polyester panne velvet fabric. The camisole features a scoop neckline and back, elasticized spaghetti straps which encircle the neckline, armholes, and back, and a hemmed bottom.

The applicable subheading for styles VD1 and VD2 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The general rate of duty will be 16.3 percent ad valorem.

The applicable tariff provision for styles VD5 & VD6 will be 6109.90.1065, HTS, which provides for T-shirts, singlets, . . . and similar garments knitted or crocheted: of man-made fibers, women's or girls': tank tops and singlets, women's. The general rate of duty will be 33.4 percent ad valorem.

Styles VD1 and VD2 fall within textile category designation 652, and styles VD5 and VD6 fall within textile category designation 639. Based upon international textile trade agreements products of Hong Kong, China and Bangladesh are subject to quota and 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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