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NY J80541





March 3, 2003

CLA-2-61:RR:NC:TAB:354 J80541

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6110.30.3055

Ms. Bettina Csekme
Spiegel Imports
Import Logistic & Compliance – HQ2
3500 Lacey Road
Downers Grove, IL 60515

RE: The tariff classification of two women’s garments from China

Dear Ms. Csekme:

In your letter dated January 31, 2003, you requested a tariff classification ruling. The samples will be returned as requested.

The first sample, style number 05-2805K, is a woman’s garment that is comprised of a 86% nylon 14% spandex openwork raschel lace fabric. The sleeveless pullover extends from the shoulder to the waist and features a curved neckline, side seams and a hemmed bottom. The neckline and armholes are finished with edging. The second sample, style number 05-1833K, is a women’s panty that is comprised of a 86% nylon 14% spandex openwork raschel lace fabric. The garment has a sewn-in gusset and edging at the waist and leg openings.

The applicable subheading for the pullover will be 6110.30.3055, Harmonized Tariff Schedule of the United States (HTS), which provides for sweaters, pullovers, knitted: of man made fibers: otherother: women’s. The duty rate will be 32.2% ad valorem. The subheading for the panty will be 6108.22.9020 HTS, which provides for women’s or girls’ slips, petticoats, briefs, panties . . . and similar garments, knitted or crocheted: briefs and panties: of man made fibers: other, women’s. The duty rate will be 15.7% ad valorem.

The pullover falls within textile category designation 639, the panty in textile category designation 652. Based upon international textile trade agreements products of 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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