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NY F86867




May 24, 2000

CLA-2-62:RR:NC:TA:354 F86867

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.91.0005; 6108.92.0005; 6108.99.5013; 6212.10.7000; 6212.10.9010; 6212.10.9020; 6212.90.0010; 6212.90.0030; 6212.90.0050

Mr. D. G. McKenny
Norman G. Jensen, Inc.
P.O. Box 1439
47 Caswell Avenue
Derby Line, Vermont 05830

RE: The tariff classification of ladies’ garments from various countries.

Dear Mr. McKenny:

In your letter dated May 5, 2000, you requested a classification ruling on behalf of Spencer Supports Canada Ltd. The provided samples will be returned as per your request.

The four submitted samples are all made from knitted fabrics. You have indicated in your letter that the samples are not in current production. Accordingly, the shipper has requested tariff classification for each garment in the following three fabrications: man-made fibers, 100% cotton, and over 70% by weight of silk.

Style H3110R is a ladies’ boy-leg underpant featuring a fabric covered elasticized waistband, a sewn-in crotch panel, and hemmed leg openings.

Style S609 is a ladies' garter belt with a raschel lace-like fabric front panel. The garment features four adjustable garters, an elasticized waist and a double hook and eye rear closure.

Style 2302 is a long line brassiere approximately 12 ½ inches in length from the top of the cups to the garment bottom. A raschel lace-like fabric with a sheer fabric lining comprises the front of the garment with the exception of a knitted fabric insert between the two underwire cups. The brassiere features 6 vertical stays, removable adjustable shoulder straps, 8 rear adjustable brassiere type hook and eye closures and 4 removable garters.

Style S6032R is a ladies’ all-in-one foundation garment with a front constructed of a raschel lace-like fabric with a center 2 ply panel which extends from below the bust to the crotch. The back of the garment is made of 2 panels of elasticized fabric which are seamed up the center. The garment features underwire cups, adjustable shoulder straps, high cut elasticized leg openings with raschel lace-like fabric side inserts and a plastic snap bratype closure at the lined crotch. The elasticized garment is designed to provide body support.

Style H3106R has been transferred to NIS 361 Angela DeGaetano for response.

The applicable subheading for style H3110R if made of cotton will be 6108.91.0005, 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 cotton: underwear: underpants. The duty rate will be 8.7 percent ad valorem.

The applicable subheading for style H3110R if made of man-made fibers 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 16.4 percent ad valorem.

The applicable subheading for style H3110R if made of over 70% silk will be 6108.99.5013, 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 other textile materials: containing 70 percent or more by weight of silk or silk waste . . . underwear. The rate of duty will be 2 percent ad valorem.

The applicable subheading for styles S609 and S6032R if made of cotton will be 6212.90.0010, HTS, which provides for Brassieres, girdles, corsets, braces suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . of cotton or cotton and rubber or plastics. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for styles S609 and S6032R if made of man-made fibers will be 6212.90.0030, HTS, which provides for Brassieres, girdles, corsets, braces suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . of man-made fibers or man-made fibers and rubber or plastics.. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for styles S609 and S6032R if made of over 70% silk will be 6212.90.0050, HTS, which provides for Brassieres, girdles, corsets, braces suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . containing 70 percent or more by weight of silk or silk waste. The duty rate will be 6.8 percent ad valorem.

The applicable subheading for style 2302 if made of cotton will be 6212.10.9010, HTS, Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other: of cotton. The rate of duty will be 17.3 percent ad valorem.

The applicable subheading for style 2302 if made of man-made fibers 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: brassiere: other: other . . . of man-made fibers. The rate of duty will be 17.3 percent ad valorem.

The applicable subheading for style 2302 if made of over 70% silk will be 6212.10.7000, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: containing 70 percent or more by weight of silk or silk waste. The rate of duty will be 8.8 percent ad valorem.

The garments fall within textile category designations as indicated in the table listed below. Based upon international textile trade agreements these products may be subject to quota and the requirement of a visa depending upon country of origin.

Cotton Textile Category
Man-Made Fiber Textile Category
Over 70% Silk Textile Category

Style H3110R
352
652
752

Styles S609 & S6032R
359
659

Style 2302
349
649

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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