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NY I83367




July 18, 2002

CLA-2-62:RR:NC:TA:354 I83367

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9010; 6212.10.9020; 6212.20.0020

Ms. Alice Liu
Atico International USA, Inc.
501 South Andrews Avenue
Fort Lauderdale, Florida 33301

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

Dear Ms. Liu:

In your letter dated June 20, 2002, you requested a classification ruling. The provided samples will be returned as per your request.

Five samples were provided for review. Style C62A0260 is an underwire soft cup brassiere constructed of 65% polyester 35% cotton knitted fabric. The brassiere features seamed cups made of a raschel lace-like fabric, heavily elasticized adjustable shoulder straps, and an adjustable hook and eye rear closure.

Style C62A0263 is an soft cup brassiere constructed of 95% cotton 5% spandex knitted fabric. The brassiere features seamed cups with a raschel lace-like fabric composing the upper portion, elasticized trim that criss-crosses the cups, elasticized adjustable shoulder straps, elasticized trim at the garment bottom, and an adjustable hook and eye rear closure.

Style C62A0264 is an underwire soft cup brassiere constructed of 95% cotton 5% spandex knitted fabric. The brassiere features seamed cups, elasticized adjustable shoulder straps, and an adjustable hook and eye rear closure.

Style C62A0310 is a panty girdle constructed of a 94% polyester 6% spandex knitted fabric with 90% polyamide 10% spandex raschel lace-like fabric inserts at the either side of the garment front. The garment features a two-ply center front panel, an elasticized waistband, high cut elasticized leg openings, and a lined crotch panel.

Style C62A0311 is a bikini panty with a 90% polyamide 10% spandex raschel lace-like fabric front which consists of two vertical panels down the center and two horizontal panels at either hip. The back panel is made of 100% cotton knitted fabric. The garment features an elasticized waistband, high cut elasticized leg openings, and a lined crotch panel. The essential character of the panty is imparted by the raschel lace-like fabric front component.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for Style C62A0260 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 17.1 percent ad valorem.

The applicable subheading for Styles C62A0263 and C62A0264 will be 6212.10.9010, 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 cotton. The duty rate will be 17.1 percent ad valorem.

The applicable subheading Style C62A0310 for will be 6212.20.0020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles . . . of man-made fibers. The duty rate will be 21 percent ad valorem.

The applicable subheading for Style C62A0311 will be 6108.22.9020, 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 man-made fibers: Other . . . Women’s. The duty rate will be 15.8 percent ad valorem.

Style C62A0311 falls within textile category designation 652. Based upon international textile trade agreements products of China within textile category designation 652 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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