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NY K87228




July 9, 2004
CLA-2-61:RR:NC:TA:354 K87228

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.21.0010; 6109.10.0037

Mr. Christopher E. Pey
Coudert Brothers LLP
1114 Avenue of the Americas
New York, New York 10036

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

Dear Mr. Pey:

In your letter dated June 15, 2004, you requested a classification ruling on behalf of College Concepts, Inc. The submitted samples will be returned as per your request.

Three samples were provided for review. Style GLT is a women’s underwear camisole construction of a knitted 100% cotton fabric. The camisole features a rounded front neckline, elasticized trim at the top edges that extends to form shoulder straps, side seams, a printed logo at the center of the bust area, and a hemmed bottom. Style GLU is a women’s matching bikini panty with an elasticized waistband, elasticized leg openings, a lined crotch panel, and a printed logo below the center of the front waistband. Style GLG is a thong-styled version of style GLU. Style GLG has a second printed logo on the upper rear panel.

The applicable subheading for Style GLT 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.

The applicable subheading for Styles GLU and GLG will be 6108.21.0010, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton: Women’s. The duty rate will be 7.6 percent ad valorem.

Both garments fall within textile category designation 352. Based upon international textile trade agreements products of China are subject to 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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