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NY J82295




March 27, 2003

CLA-2-61:RR:NC:TA:354 J82295

CATEGORY: CLASSIFICATION

TARIFF NO.: 6107.11.0010; 6108.21.0010; 6212.10.9010

Mr. Charles G. Hartill, LCHB
Capital Transportation
175 Street
Jamaica, New York 11434

RE: The tariff classification of apparel from Italy.

Dear Mr. Hartill:

In your letter dated March 13, 2003, you requested a tariff classification ruling on behalf of Ballet Makers, Inc. The provided samples will be returned as per your request.

Three samples were submitted for review. All garments are made of 95% polyamide 5% spandex ribbed knitted fabric in a seamless construction. Style 3543 is a women’s hipster panty brief that features a hemmed waistband and hemmed leg openings. A distinct heavier ribbed knit construction is found at the abdomen area and also outlines the derriere. Style 3546 is a close fitting men’s boxer version of style 3543.

Style 3541 is a women’s sports brassiere with an inner shelf brassiere, both have distinct heavier ribbed construction outlining the bust. The garment has a rounded neckline, a hemmed bottom, and capping at the neckline and arm openings.

The applicable subheading for style 3543 will be 6108.21.0010, Harmonized Tariff Schedule of the United States (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 cotton: Women’s. The duty rate will be 7.6 percent ad valorem.

The applicable subheading for style 3546 will be 6107.11.0010, 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 cotton, men’s. The duty rate will be 7.4 percent ad valorem.

The applicable subheading for style 3541 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: brassiere: other: other . . . of cotton. The general rate of duty will be 17 percent ad valorem.

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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