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NY D83058




October 9, 1998

CLA-2-61:RR:NC:TA:354 D83058

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6109.90.1065

Ms. Wendy Toner
Cerie Intimates
36 Nathan Lane
Plymouth, MN 55441

RE: The tariff classification of ladies' garments from China.

Dear Ms. Toner:

In your letter dated September 28, 1998, you requested a classification ruling.

Four samples of camisoles and panty underwear sets in various knitted fabrics were submitted for review. Style 102-0210, constructed of 92% nylon 8% spandex fabric, is a set consisting of a scoop neck camisole with adjustable shoulder straps with a hemmed bottom, and a bikini panty with high cut leg openings.

Style 98-3101, constructed of 90% nylon 10% spandex raschel lace-like fabric, is a set consisting of a scoop neck crop style camisole with a hemmed bottom, and a thong style bikini panty.

Style 97-0201, constructed of 90% nylon 10% spandex sheer fabric, is a set consisting of a camisole with elasticized spaghetti shoulder straps and a hemmed bottom with flower buds embroidered across the front panel, and a thong style bikini panty.

Style 03-1110, constructed of 90% nylon 10% spandex fabric, is a set consisting of a scoop neck camisole with spaghetti shoulder straps and a hemmed bottom, and a thong style bikini panty. The applicable subheading for the camisoles will be 6109.90.1065, Harmonized Tariff Schedule of the United States (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 33.2 percent ad valorem.

The applicable tariff provision for the panties will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16.2 percent ad valorem.

The camisoles fall within textile category designation 639, and the panties fall within textile category designation 652. Based upon international textile trade agreements products of China 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,

Robert B. Swierupski
Director,

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