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NY I86572




October 30, 2002

CLA-2-62:RR:NC:TA:354 I86572

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.12.0010; 6212.10.9020; 6212.20.0020

Mr. Kayo Yamazaki
Winds Enterprises, Inc.
2003 Western Avenue, Suite 360
Seattle, Washington 98121

RE: The tariff classification of wearing apparel from Macau.

Dear Mr. Yamazaki:

In your letter dated October 2, 2002, you requested a classification ruling on behalf of BIKE Athletic Company.

Four samples were provided for review. Style X200 is a men’s 90% nylon 10% spandex knitted fabric long leg brief which has seamless construction at the garment sides and is joined with overlock stitching at the inner seam area. The garment has side ribbing in the hip area for added compression. The garment also features “XST” printed at the center of the hemmed ribbed waistband and has hemmed ribbed leg openings. Style X201 is a long underpant version of style X200.

Style LX05 is a seamless constructed ladies’ sports brassiere made of a 90% nylon 10% spandex knitted fabric. The brassiere features a racer back, ribbing at the bosom bottom, and a hemmed ribbed bottom band with “XST” printed at the center front.

Style 7649 is an adult’s a pull-on style lower body garment which reaches above the knee. The garment is constructed of a 87% polyester 13% elastane knitted fabric. The fabric is oriented to reduce the horizontal stretch and thus provide additional support to the body. The submitted sample has a heavily elasticized waistband measuring approximately 1-1/4 inches wide. The garment features five internal pockets into which pads may be inserted to protect the hips, the front of the upper legs and the tailbone. The garment serves as a football girdle.

The applicable subheading for styles X200 and X201 will be 6107.12.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Men’s or boys’ underpants, briefs, nightshirts, pajamas, bathrobes, dressing gowns and similar articles, knitted or crocheted: underpants and briefs: of man-made fibers . . . men’s. The duty rate will be 15.1 percent ad valorem.

The applicable subheading for style LX05 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 general rate of duty will be 17.1 percent ad valorem.

The applicable subheading for style 7649 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 general rate of duty will be 21 percent ad valorem.

Styles X200 and X201 fall within textile category designation 652. Based upon international textile trade agreements products of Macau within textile category designation 652 are subject to 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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