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NY J86839




August 14, 2003

CLA-2-61:RR:NC:TA:354 J86839

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.92.0015; 6109.90.1065; 6212.10.9020

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Avenue, Suite 200
Atlanta, Georgia 30354

RE: The tariff classification of women’s garments from Indonesia and China.

Dear Mr. Keller:

In your letter dated July 21, 2003, you requested a classification ruling on behalf of Maidenform, Inc.

Five samples were provided for review. Style 77324 is a women’s panty brief constructed of a knitted 80% nylon 20% spandex fabric. The brief features a fabric covered elasticized waistband, a lined crotch panel, and elasticized leg openings.

Style 77322 is a bodysuit constructed of a knitted 80% nylon 20% spandex fabric. The garment features a scooped neckline at the front and back, a lined crotch panel, a hook and eye crotch closure, and elasticized edging at the arm and leg openings and at the garment top. Style 77322 does not provide sufficient body support throughout to warrant classification as you suggested under 6212.90.0030, HTS.

Style 77320 is a camisole constructed of a knitted 80% nylon 20% spandex fabric. The garment features a scooped neckline at the front and back, side seams, a hemmed bottom, and elasticized edging at the arm openings and at the garment top.

Style 77312 is a women’s thong style panty constructed of a knitted 80% nylon 20% spandex fabric. The panty features a fabric covered elasticized waistband, a lined crotch panel, and elasticized leg openings.

Style 40958 is a women’s brassiere with a two-ply front panel constructed of a 94% rayon 6% spandex knitted fabric. The balance of the brassiere is made of a 93% nylon 7% spandex mesh-like fabric. The shoulder straps are made of a fabric covered elasticized edging which also trims the underarm area and back of the brassiere. The brassiere features a fabric covered elasticized bottom band. This item provides sufficient support to be classified under 6212.10.9020, HTS, as a brassiere.

Styles 77324, 77322, 77320 and 77312 are products of Indonesia. Style 40958 is a product of China.

The applicable subheading for the styles 77324 and 77312 will be 6108.22.9020, 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 man-made fibers: Other . . . Women’s. The duty rate will be 15.7 percent ad valorem.

The applicable subheading for style 77322 will be 6108.92.0015, 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 77320 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32.2 percent ad valorem.

The applicable subheading for style 40958 will be 6212.10.9020, 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.

Styles 77324, 77322 and 77312 fall within textile category designation 652 and style 77320 fall within textile category designation 639. Based upon international textile trade agreements products of Indonesia 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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