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April 19, 1999

CLA-2-62:RR:NC:TA:354 D88509

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.92.0005; 6110.30.3055; 6114.30.1020; 6212.10.9020

Mr. James R. Bates
ETB Corporation
156-09 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of ladies’ garments from Brazil.

Dear Mr. Bates:

In your letter received February 22, 1999, you requested a classification ruling on behalf of Industria De Meias Scalina LTDA for Victoria’s Secret.

Five samples were submitted for review. Style 4857 is a ladies’ short sleeve pullover constructed of a 1 x 1 rib knit 90% Polyamide 10% Elastane fabric. The garment features an elasticized rounded neckline and hemmed bottom.

Style 4860 is a ladies’ top constructed of a 1 x 1 rib knit 90% Polyamide 10% Elastane fabric. The garment has a scooped neckline and a back which is cut straight across. Additionally, the garment features elasticized spaghetti straps and trim across the neckline and back, and a hemmed bottom.

Style 4851 is a brassiere constructed of a 1 x 1 ribbed knit-to-shape 90% Polyamide 10% Elastane fabric. The brassiere features include elasticized straps and trim, and a hemmed one inch wide elasticized bottom band.

Style 4800 is a ladies’ bikini panty constructed of a 1 x 1 ribbed knit-to-shape 85% Polyamide 9% Elastane 6% Cotton fabric. The panty features high cut elasticized leg openings and a hemmed one inch wide elasticized waistband.

Style 4802 is a ladies’ tight fitting underpant constructed of a 1 x 1 ribbed knit-to-shape 85% Polyamide 9% Elastane 6% Cotton fabric. The underpant features a hemmed one inch wide elasticized waistband and hemmed leg openings.

The applicable subheading for style 4857 will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted: man-made fibers: other: other: other . . . other: women’s or girls’. The duty rate will be 33.1 percent ad valorem.

The applicable subheading for style 4860 will be 6114.30.1020, HTS, which provides for Other garments, knitted or crocheted: of man-made fibers: tops . . . women’s or girls. The rate of duty will be 29.1 percent ad valorem.

The applicable subheading for style 4851 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other: of man-made fibers. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for style 4800 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 16.1 percent ad valorem.

The applicable subheading for style 4802 will be 6108.92.0005, 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 man-made fibers . . . underwear: underpants. The rate of duty will be 16.5 percent ad valorem.

Styles 4857 and 4860 fall within textile category designation 639, style 4851 falls within textile category designation 649, and styles 4800 and 4802 within textile category designation 652. Based upon international textile trade agreements products of Brazil 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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