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NY J86803




August 11, 2003

CLA-2-61:RR:NC:TA:354 J86803

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015; 6108.92.0030; 6212.90.0030

Ms. Annie Chik (CHB)
147-39 175th Street, Rm. 217
Jamaica, New York 11434

RE: The tariff classification of ladies’ apparel from Hong Kong, China, and Macao.

Dear Ms. Chik:

In your letter dated July 17, 2003, you requested a tariff classification ruling on behalf of International Intimates, Inc. The provided samples will be returned as per your request.

Three samples were provided for review. Style T2 is a teddy constructed of a 92% nylon 8% spandex knittted mesh fabric with a thong-styled bottom. The garment features raschel lace-like fabric trim at the cross-over halter neck, the garment top and thong-styled bottom.

Style BD1 is a baby doll top constructed of a 92% nylon 8% spandex knittted mesh fabric. The garment features an open front which is secured by a ribbon tie at bust area, adjustable shoulder straps, raschel lace-like trim at the front opening and garment bottom.

Style CTB is a strapless bodyshaper constructed of a 92% nylon 8% spandex knittted mesh fabric with a thong-styled bottom. The bodyshaper features 9 vertical stays varying in length from 11 to 12-1/4 inches at the garment front and elasticized trim at the back of the garment along the top and bottom edges and on the thong-styled bottom . Additionally, the front of the garment is trimmed with velvet over the stays and on the top and bottom edges.

You recommended classification of the submitted style BD1 baby doll pajama top under HTS 6108.92.0015 as a woman’s other garment, however, the garment is properly classified under HTS 6108.92.0030 as a woman’s other garment. Based on the terms of the subheadings within heading 6108, this subheading refers to sleepwear garments that are similar to pajamas. As the garment clearly falls within the definition of sleepwear, it cannot be classified as underwear.

The thong-styled bottom of style CTB distinguishes this garment from your suggested classification as a corset under HTS 6212.30.0020.

The applicable subheading for Style T2 will be 6108.92.0015, 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: other: of man-made fibers . . . underwear: other: women’s. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for Style BD1 will be 6108.92.0030, HTS, which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers . . . other: women’s. The rate of duty will be 16.1 percent ad valorem.

The applicable subheading for Style CTB will be 6212.90.0030, HTS, which provides for brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 percent ad valorem.

Style T2 falls within textile category designation 652. Based upon international textile trade agreements products of China and Hong Kong within textile category designation 652 are subject to quota and the requirement of a visa. Products of Macau within textile category designation 652 are subject to 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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