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NY I83600





August 7, 2002

CLA-2-62:RR:NC:TA:354 I83600

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010; 6109.90.1065; 6212.10.9020; 6212.30.0020

Mr. John Lee
Ace Style Intimate Apparel Inc
183 Madison Avenue
Suite 1400
New York, New York 10016

RE: The tariff classification of women’s garments from China or the Philippines.

Dear Mr. Lee:

In your letter dated July 12, 2002, you requested a classification ruling. The provided samples will be returned as per your request.

Four samples were provided for review. Style 72853 is an underwire brassiere constructed of a 71% nylon 19% elastane 10% viscose raschel lace-like fabric. The brassiere is designed to be worn without removable shoulder straps or a removable halter strap, and also features foam padded cups, and a rear closure.

Style 72854 is a camisole constructed of a translucent 71% nylon 19% elastane 10% viscose raschel-knit lace-like fabric. The camisole features foam padded underwire cups, removable shoulder straps that enable the use of a removable halter strap, removable garter straps, seamed sides, a straight back neckline and a scalloped finish bottom.

Style 72977 is a full slip constructed of a finely knitted 96% nylon 4% spandex fabric. The slip features underwire cups with adjustable shoulder straps, a hook and eye brassiere type closure at the back, a circular opening at the back measuring approximately 6-1/2 inches, garter straps attached at the bottom hem, and sheer fabric trim at the garment bottom.

Style 72987 is a ladies’ corset composed of a 87% nylon 13% spandex knitted fabric with raschel-knit lace-like underwire cups. The seven-panel garment features six stays, a 13 hook and eye bra-style back closure, removable adjustable shoulder straps, attached garter straps and raschel lace-like trim at the back neckline and bottom of the garment. It is designed to shape the torso from the bust to the waist.

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 72853 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 style 72854 will be 6109.90.1065, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of man-made fibers . . . Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32.4 percent ad valorem.

The applicable subheading for style 72977 will be 6108.11.0010, HTS, which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Slips and petticoats: Of man-made fibers . . . Women’s. The duty rate will be 15.2 percent ad valorem.

The applicable subheading for style 72987 will be 6212.30.0020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Corsets . . . of man-made. The duty rate will be 23.8 percent ad valorem.

Style 72854 falls within textile category designation 639 and style 72977 falls within textile category designation 652. Based upon international textile trade agreements products of China and the Philippines within textile category designations 639 and 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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