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NY L82931




August 3, 2005

CLA-2-61:RR:NC:WA:361 NY L82931

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.2010

Ms. Nancy Hattersley
E&E Co. Ltd.
45875 Northport Loop East
Freemont, CA 94538

RE: The tariff classification of a woman’s knit garment from China.

Dear Ms. Hattersley:

In your letter dated July 11, 2005, with supplemental information provided in your letter of July 20, you requested a classification ruling for a woman’s knit garment. The submitted garment will be returned, as requested.

Style 582-021, “teddy ring studded” is a woman’s novelty garment constructed from 85 percent nylon, 15 percent spandex knit fabric. The garment consists of a top made from shoulder straps, two triangular shaped cups and a panty styled bottom connected by means of strips of fabric and metal O rings. Both the upper and lower part of the garment, as well as the strips of fabric are decorated with metal studs. Although you described the garment as a bikini, it is neither swimwear nor underwear.

The applicable subheading for style 582-021 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Bodysuits: Of fabric containing five percent or more of elastomeric yarns or rubber threads. The duty rate will be 32 percent ad valorem.

Style 582-021 falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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