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NY J88808




October 3, 2003

CLA-2-62:RR:NC:TA:354 J88808

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065; 6212.10.9020

Ms. Ellen C. Smith
Jockey International, Inc.
2300 60th Street
P.O. Box 1417
Kenosha, Wisconsin 53141-1417

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

Dear Ms. Smith:

In your letter dated September 12, 2003 you requested a classification ruling. The submitted samples will be returned as per your request.

Two samples were provided for review. Style 1737 is a women’s camisole constructed of a knitted 83% nylon 17% spandex fabric. The camisole features underwire support, adjustable elasticized spaghetti shoulder straps, side seams and a hemmed bottom which reaches below the waist. Style 1737 does not warrant classification as you suggested as a brassiere under 6212.10.9020, HTS, because it does not provide support throughout the garment.

Style 1204 is a soft brassiere constructed of 97% modal 3% spandex knitted fabric. The brassiere features a two-ply front panel with a fabric covered 1-inch wide heavily elasticizied bottom band sewn at the hem, adjustable elasticized shoulder straps, elasticized capping at the garment top, and a fabric covered elasticized bottom band measuring approximately 1/2-inch wide sewn on the back panel.

The applicable subheading for Style 1737 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 32.2 percent ad valorem.

The applicable subheading for Style 1204 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.

Style 1737 falls within textile category designation 639. Based upon international textile trade agreements products of Thailand and China within textile category designation 639 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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