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NY J85137





June 23, 2003

CLA-2-61:RR:NC:TA:354 J85137

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010; 6108.22.9020; 6212.10.9020

Ms. Jane Ching
Unity Customs Brokers
11099 South La Cienega Blvd., Suite 276
Los Angeles, California 90045

RE: The tariff classification of ladies’ garments from China.

Dear Ms. Ching:

In your letter dated May 23, 2003, you requested a classification ruling on behalf of M. J. Carlyle & Co. The provided samples will be returned as per your request.

Seven samples were provided for review. Style AD012/1062 is a soft bra constructed from knitted 80% nylon 20% spandex fabric. The garment features triangular shaped cups which are trimmed with raschel lace-like fabric, elasticized halter straps and an elasticized bottom strap.

Style AD016/1064 is an unconstructed brassiere made of a knitted nylon fabric with raschel lace-like fabric trim. The brassiere features halter straps, an adjustable bottom strap which ties at the back, and a strap tied between the cups.

Style AD013/6062 is a thong-styled panty constructed of a knitted 80% nylon 20% spandex fabric. The panty features an elasticized waistband, elasticized trim at the leg openings, a crotch panel, and raschel lace-like fabric trim at the center front waistband.

Style AD014/6059 is a bikini panty constructed of a knitted nylon fabric with raschel lace-like fabric trim. The panty features a fabric covered elasticized waistband and elasticized leg openings.

Style AD015/3000 is a ladies’ petticoat measuring approximately 11 inches in length. The upper portion of the petticoat is constructed of a knitted 100% nylon fabric with an elasticized waistband. The balance of the garment is made of two layers of sheer nylon fabric trimmed at the bottom with raschel lace-like fabric.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

Rulings requests are limited to five samples. If you wish to re-submit the additional styles, please provide detailed information that substantiates how the garments are sold and intended to be worn. Please include any pictures, advertising, and point of sale information.

The applicable subheading for the Styles AD012/1062 and AD016/1064 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 percent ad valorem.

The applicable subheading for styles AD013/6062 and AD014/6059 will be 6108.22.9020, 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 man-made fibers: Other . . . Women’s. The duty rate will be 15.7 percent ad valorem.

The applicable subheading for style AD015/3000 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 percent ad valorem.

Syles AD013/6062, AD014/6059, AD018/3042 and AD015/3000 fall within 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 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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