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NY K81762




February 10, 2004
CLA-2-61:RR:NC:TAB:354 K81762

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0037

Ms. Sandra Tovar
CST, Inc.
120 C Commerce Circle
Fayetteville, GA 30214

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

Dear Mr. Tovar:

In your letter dated January 12, 2004, you requested a classification ruling on behalf of Bali Company.

The provided sample, style 106695, is a women’s underwear camisole constructed of a 89% cotton 8% nylon 5% elastane knitted fabric. The garment features an inner underwire shelf bra with a hook & eye rear closure, adjustable elasticized shoulder straps, side seams, and a hemmed bottom.

Women’s cotton upper body underwear garments are provided for in 6109.10.0037, HTS. Your assertion for classification in heading 6212, HTS, is not applicable because the garment lacks support in the area between the waist and below the bust.

The applicable subheading for style 106695 will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of cotton women’s or girls’: underwear. The duty rate will be 16.5 percent ad valorem.

Style 106695 falls within textile category designation 352. 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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