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NY J84015





May 21, 2003

CLA-2-62:RR:NC:TA:354 J84015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Mr. H. Lodgher
Garments Galore, LLC
9947 Harwin Suite L
Houston, Texas 77036

RE: The tariff classification of women’s apparel from Sri Lanka.

Dear Mr. Lodgher:

In your letter dated April 21, 2003, you requested a classification ruling. The provided samples will be returned as per your request.

Style 030511A is an underwire brassiere constructed of a 60% nylon 40% spandex knitted fabric. The brassiere features padded cups, removable half-moon shaped pads which made be inserted into cup pockets, elasticized adjustable removable shoulder straps, a rubberized strip sewn to the inner hemmed top and bottom which holds the brassiere in place when the shoulder straps are removed, four flexible rear stays and a triple hook rear closure.

Style 030511B is a women’s thong-styled bikini panty constructed of a 93% polyamide 7% elastane sheer knitted fabric featuring a lined crotch panel and an elasticized waistband and leg openings.

In your letter you inquired about marking requirements. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Additionally, please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

The applicable subheading for style 030511A will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides 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 percent ad valorem.

The applicable subheading for style 030511B will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The duty rate will be 15.7 percent ad valorem.

Style 030511B falls within textile category designation 652. Based upon international textile trade agreements products of Sri Lanka 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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