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January 11, 1999

CLA-2-62:RR:NC:TA:354 D86179

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.92.0030

Ms. Daniella Dumitrescu
International Intimates Inc.
180 Madison Avenue, Suite 700
New York, New York 10016

RE: The tariff classification of ladies’ panties from Hong Kong; knit and woven; GRI 3(c).

Dear Ms. Dumitrescu:

In your letter dated December 21, 1998, you requested a classification ruling.

The submitted sample, style P9563, is a ladies’ bikini panty with a front panel constructed of two fabrics consisting of a woven 65% polyester 35% cotton gingham middle panel and crotch, and side wings made of a knitted 99% cotton 1% spandex material which are trimmed with coordinating gingham and eyelet embroidered fabrics. The back panel of the panty is constructed of a knitted 99% cotton 1% spandex material. The panty features an elasticized waist, partially elasticized high cut leg openings and a sewn in crotch lining.

When garments are composed of both knit and woven portions, classification is generally according to which portion imparts the essential character, in accordance with General Rule of Interpretation (GRI) 3 to the HTS. When neither component imparts the essential character, the garment is classifiable, again based on GRI 3, in the competing heading which occurs last in the tariff. In this case neither portion imparts the essential character. Accordingly, the garment is classifiable as woven.

The applicable subheading for style P9563 will be 6208.92.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of man-made fibers . . . other: women's. The duty rate will be 16.5%.

The panty falls within textile category designation 652. Based upon international textile trade agreements products of Hong Kong 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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