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NY J87282




September 9, 2003

CLA-2-61:RR:NC:TA:354 J87282

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005; 6109.90.1065

Ms. Johanna Jin
J.W.E. Silk Inc.
180 Madison Avenue, 16 Floor
New York, New York 10016

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

Dear Ms. Jin:

In your letter dated August 21, 2003, you requested a classification ruling.

The provided sample, style PP#0267759, consists of a women’s camisole and underpant. The camisole is constructed of a 100% nylon raschel lace-like fabric. The camisole features a three panel front, a one panel back, side seams, scoop front and back necklines, elasticized trim at the garment top and arm openings, and a hemmed bottom that is rounded at the front. The underpant is constructed of 100% nylon raschel lace-like fabric at the upper portion and 94% nylon 6% spandex raschel lace-like fabric at the lower portion. The underpant features an elasticized waistband, a lined crotch panel, and a scalloped bottom.

You have referred to these garments as textile category 651 sleepwear. In the absence of persuasive information as to the manner in which they are marketed and sold, these garments will not be classified as sleepwear.

The applicable subheading for the camisole 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 the underpant will 6108.92.0005, 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: underpants. The rate of duty will be 16.1 percent ad valorem.

The camisole falls within textile category designation 639 and the underpant falls 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 * at 646-733-*.

Sincerely,

Robert B. Swierupski
Director,

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