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NY K85109




April 26, 2004
CLA-2-61:RR:NC:TA:354 K85109

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.21.0010; 6212.10.9010

Ms. Ellen Menendez Schell
Beijing Trade, LLC
323 Washington Street, 4th Floor
Hoboken, New Jersey 07030

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

Dear Ms. Schell:

In your letter dated April 12, 2004, you requested a classification ruling. The provided samples will be returned as per your request.

Style 450 is a soft brassiere constructed of a knitted 95% cotton 5% spandex fabric. The brassiere features elasticized shoulder straps, side seams, an elasticized bottom band, and elasticized trim at the front neckline and back of the brassiere.

Style 200 is a women’s bikini panty constructed of a knitted 95% cotton 5% spandex fabric. The panty features an elasticized waistband, elasticized leg openings, side seams, a two-panel garment back with ruching down the center seam, a keyhole cutout below the center of the rear waistband, and a lined crotch panel.

Style 300 is a women’s thong-styled bikini panty constructed of a knitted 95% cotton 5% spandex fabric. The panty features an elasticized lace-like waistband, elasticized leg openings, a keyhole cutout below the center of the rear waistband, and a lined crotch panel.

The applicable subheading for Style 450 will be 6212.10.9010, 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 cotton. The general rate of duty will be 16.9 percent ad valorem.

The applicable subheading for styles 200 and 300 will be 6108.21.0010, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: Of cotton . . . Women's. The duty rate will be 7.6 percent ad valorem.

Style 450 falls within textile category designation 349, and Styles 200 and 300 fall 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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