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NY J88054




September 3, 2003

CLA-2-61:RR:NC:TA:354 J88054

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015

Mr. Max O. Fernandez
FWI Corporation
5777 West Century Boulevard, Suite 1455
Los Angeles, California 90045

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

Dear Mr. Fernandez:

In your letter dated August 13, 2003, you requested a classification ruling on behalf of Piege Co. Inc.

The provided sample, style 41024, is a women’s bikini panty constructed of a sheer 82% nylon 18% spandex mesh fabric with four removable garter straps made of 80% nylon 20% spandex. The panty features an elasticized waistband, a lined crotch panel, elasticized trim at the high cut leg openings and lower waist, and embroidered butterflies sewn at the left front waistband and at the ribbon cover of the garter hooks.

The applicable subheading for style 41024 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.

Style 41024 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 Brian Burtnik at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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