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NY J88898




October 10, 2003

CLA-2-61:RR:NC:TA:354 J88898

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6109.90.1065

Ms. Cynthia Rodriquez
CTS Customs and Trade Services, Inc.
11010 N.W. 30 Street, Suite 106
Miami, Florida 33172

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

Dear Ms. Rodriquez:

In your letter dated September 23, 2003, you requested a classification ruling on behalf of De Millus S.A. Industria e Comercio for Lane Bryant.

Three samples were submitted for review, all are constructed of the same 86% nylon 14% spandex lace-like openwork raschel knit fabric. Style 005155 is a tank styled camisole with an inch wide sewn-on self-fabric scalloped edge at the front V-neckline and garment bottom. The camisole also features side seams and elasticized capping at the rear neckline and on the armholes.

With regard to the camisole classification in HTS 6108, please note that undergarments named in the heading are slips, petticoats, briefs, panties and similar garments. Heading 6109 lists t-shirts, singlets, tank tops and similar garments. The silhouette of a camisole is clearly similar to the items classified in 6109.

Style 005057 is bikini panty with an elasticized trim waistband and high cut leg openings, and a lined crotch panel. Style 004057 is a thong-styled panty with shirred trim at the elasticized waistband and high cut leg openings, and a lined crotch panel.

The applicable subheading for style 005155 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of other textile materials: of made-made fiber: women’s or girls’: tank tops and singlets: women’s. The duty rate will be 32.2 percent ad valorem.

The applicable subheading for styles 005057 and 004057 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The duty rate will be 15.7 percent ad valorem.

Style 005155 falls within textile category designation 639, and styles 005057 and 004057 fall within textile category designation 652. Based upon international textile trade agreements products of Brazil 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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