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February 9, 1999

CLA-2-61:RR:NC:TA:354 D87393

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010; 6109.90.1065

Ms. Allison M. Baron
Sharretts, Paley, Carter & Blauvelt, P.C. Sixty-seven Broad Street
New York, New York 10004

RE: The tariff classification of ladiesÂ’ garments from China.

Dear Ms. Baron:

In your letter dated January 27, 1999, you requested a classification ruling on behalf of Donna Karan Intimates, a division of Wacoal America, Inc. The submitted samples will be returned as per your request.

Two garment samples constructed of the same sheer finely knit 79% nylon 21% spandex fabric were presented for review. You have indicated that the garments will be imported in a black and also in a nude color.

Style 461027 is a full slip featuring a seamed and underwired upper portion with adjustable elasticized shoulder straps in a contrasting color.

Style 462007 is a camisole styled garment featuring a seamed and underwired upper portion with adjustable elasticized shoulder straps in a contrasting color.

The applicable subheading for style 461027 will be 6108.11.0010, 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: slips and petticoats: of man-made fibers . . . women's. The duty rate will be 15.6% percent ad valorem.

The applicable subheading for style 462007 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 percent ad valorem.

Style 461027 falls within textile category designation 652, and style 462007 falls within textile category designation 639. 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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