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NY J86486




August 5, 2003

CLA-2-61:RR:NC:TAB:354 J86486

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037

Ms. Gail T. Cumins
Sharretts, Paley, Carter & Blauvelt, P.C. 75 Broad Street
New York, New York 10004

RE: The tariff classification of a camisole and panty from Hong Kong.

Dear Ms. Cumins:

In your letter dated June 27, 2003, you requested a tariff classification ruling on behalf of Loyaltex Apparel LTD. The provided samples will be returned as per your request.

Two samples were submitted. Style 1-94154-10 is a women’s 100% knitted cotton camisole style underwear garment. The item features adjustable elasticized shoulder straps, scalloped lace-like trim at the upper front edge, elasticized edging at the upper back, side seams, and a self-fabric inner shelf bra with an elasticized bottom that extends around the top of the garment.

Style 1-94658-10 is a matching women’s panty constructed of 100% knitted cotton. The garment features a covered elasticized waist, center front and rear seams and scalloped lace-like trim at the leg openings.

The applicable subheading for Style 1-94154-10 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted of cotton, women’s or girls’: underwear. The general rate of duty will be 17 percent ad valorem.

The applicable subheading for Style 1-94658-10 will be 6108.21.0010, HTS, which provides for women’s of 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 general rate of duty will be 7.6 percent ad valorem.

The garments fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong 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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