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NY G80103




August 28, 2000

CLA-2-61:RR:NC:TA:354 G80103

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6212.10.9020

Mr. Garth Pauley
Lane Bryant, Inc.
Five Limited Parkway

Reynoldsbury, Ohio 43068

RE: The tariff classification of ladies’ apparel from Thailand and China.

Dear Mr. Pauley:

In your letter dated July 21, 2000, you requested a classification ruling. The provided samples will be returned as per your request.

Style 5407 is a ladies’ top constructed of a 79% nylon 21% spandex knitted fabric. The top features a modified square neckline and a back which is cut straight across from side seam to side seam, shoulder straps which are adjustable at the rear of the garment, built in shelf support, and a hook and eye rear closure. The garment does not reach the waist.

Style 0042 is a ladies’ underwire long line brassiere constructed of a 79% nylon 21% spandex knitted fabric which measures approximately 10-3/4 inches from top to bottom at the sides, to 13 inches at the center front, and 8 inches at the back. The garment features two-ply seamed cups, adjustable partially elasticized 5/8” shoulder straps, 6 vertical stays, 11 triple hook and eye rear closures, an elasticized fabric band at the bottom of the garment which helps to keep the garment in place on the wearer and lace trim at the bottom of and between the underwire cups.

Style 0045 is a ladies’ long line brassiere with underwire cups, two front center and two rear center panels constructed of a 91% nylon 9 % spandex knitted fabric. Two front and two rear side panels are constructed of a 60% nylon 40% spandex fishnet fabric. The garment measures approximately 11-1/4 inches from top to bottom at the sides, to 14 inches at center front, and 8-½ inches at the back. The garment features adjustable partially elasticized 5/8” shoulder straps, 6 vertical stays, 12 single hook and eye rear closures, a row of 20 double hooks with a lace-up ribbon to connect and adjust the garment front panels and an elasticized fabric band at the bottom of the garment which helps to keep the garment in place on the wearer.

The applicable subheading for style 5407 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: of man-made fibers: tops . . . women’s or girls’. The duty rate will be 28.9 percent ad valorem. The applicable subheading for style 0042 & 0045 will be 6212.10.9020, HTS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not crocheted: brassieres; other; other of man-made fibers. The duty rate will be 17.3 percent ad valorem.

Style 5407 falls within textile category designation 639, styles 0042 & 0045 fall within textile category designation 649. Based upon international textile trade agreements products of Thailand 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

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