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NY J87016




September 3, 2003

CLA-2-61:RR:NC:TA:354 J87016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010; 6109.90.1065; 6212.90.0030

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Road #205
Monterey Park, California 91754

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

Dear Mr. Awana:

In your letter dated July 30, 2003, you requested a classification ruling on behalf of Ladymate Inc.

Six samples were provided for review. Please note that future submission should be limited to five samples per request.

Style LDM002 is a full-length slip constructed of a 78% nylon 22% spandex knitted fabric. The slip features include removable adjustable shoulder straps, padded underwire support with a triple hoop and eye rear closure, side seams, and elasticized trim at the top and bottom of the garment.

Style LDM003 is a ladies’ camisole constructed of a sheer 80% nylon 20% spandex knitted fabric with embroidery-like designs on the outer surface. The camisole features padded underwire support, elasticized trim at the top of the garment and at the shoulder straps, side seam, and raschel lace-like trim at the bottom hem.

Style LDM005 is a ladies’ camisole constructed of a sheer 80% nylon 20% spandex knitted fabric with embroidery designs. The front of the garment consists of two horizontal panels and the back consists of two vertical panels with a center seam. The camisole features elasticized adjustable spaghetti straps and a scalloped finished bottom.

Style LDM006 is a bodyshaper composed of 80% nylon 20% spandex knitted fabric. The item features adjustable elasticized shoulder straps, seamed cups, a two-ply panel down the center of the garment front, a two-ply panel which encircles the abdomen and waist of the garment, elasticized leg openings and an adjustable hook & eye opening at the lined gusset crotch.

With regard to Styles LDM001 and LDM004, we require additional information in order to issue a ruling on the garments. Please submit the following information: - Advise who the garments will be sold to. - Advise which sales department the goods are offered in, provide any unique identifier for this department - Advise whether the garments will be available in other colors or prints. If so, provide samples in other colors or prints. - Do the garments have companion pieces? If so, what are companion pieces? - Provide marketing, advertising and sales environment information. - Include catalogs, internet sites, retail packaging and labels and/or hangtags.

The applicable subheading for Style LDM002 will be 6108.11.0010, 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: Slips and petticoats: Of man-made fibers . . . Women’s. The duty rate will be 15 percent ad valorem.

The applicable subheading for Styles LDM003 and LDM005 will be 6109.90.1065, 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 LDM006 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 LDM002 falls within textile category designation 652 and styles LDM003 and LDM0035 fall within textile category designation 639. 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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