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April 6, 1999

CLA-2-61:RR:NC:TA:354 E80024

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.21.0010; 6109.10.0037

Mr. Kevin Maher
C-Air Customhouse Brokers
153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The tariff classification of ladies’ garments from Hong Kong and China.

Dear Mr. Maher:

In your letter dated March 26, 1999, you requested a classification ruling on behalf of Secretly Yours. The submitted samples will be returned as per your request.

Style 940 consists of a ladies’ panty and undershirt constructed of a 95% cotton 5% spandex knitted fabric. The style 940 bikini panty features a lined crotch and elasticized trim at the waistband and at the high cut leg openings.

The style 940 ladies’ crop style undershirt features elasticized spaghetti straps, elasticized trim around the neckline, armholes, and back and a fabric covered 1/2 inch elastic band bottom.

The applicable subheading for style 940 panty will be 6108.21.0010, 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: Briefs and panties: Of cotton: Women's. The duty rate will be 7.8 percent ad valorem.

The applicable subheading for style 940 undershirt will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton . . . Women's or girls': underwear. The duty rate will be 18.8 percent ad valorem.

The panty and undershirt fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong and 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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