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NY E85958




August 31, 1999

CLA-2-62:RR:NC:TA:354 E85958

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070; 6212.10.9020

Ms. Elizabeth Hodur
Warnaco
149 Madison Avenue, 5th Floor
New York, New York 10016

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

Dear Ms. Hodur:

In your letter dated August 17, 1999, you requested a classification ruling on behalf of Warner’s. The provided samples will be returned as per your request.

Two garments constructed of a finely knitted 82% nylon 18% lycra spandex fabric were submitted for review. Style 5889 is a soft cup brassiere which features lined V-shaped cups with an embroidered flower design and a plastic clip rear closure. Fabric covered elasticized bands comprise the thin adjustable shoulder straps, the bottom band which measures approximately 1 inch wide, and the edging on the top of the cups.

Style 5888 is a bandeau styled garment with seams at either side and fabric covered elasticized bands at the garment top and bottom. The lined front panel measures 5 ½ inches at the center and 4 inches at the seams and has an embroidered flower design. The back panel measures 3 inches at the center and 4 inches at the seams.

The applicable subheading for style 5889 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (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 duty rate will be 17.4 percent ad valorem.

The applicable subheading for style 5888 will be 6114.30.3070, HTS, which provides for Other garments, knitted or crocheted: of man-made fibers: other: women’s or girls. The duty rate will be 15.5 percent ad valorem.

Style 5889 falls within textile category designation 649, and style 5888 falls within textile category designation 659. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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