United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2005 NY Rulings > NY L82930 - NY L82989 > NY L82934

Previous Ruling Next Ruling
NY L82934




August 3, 2005

CLA-2-61:RR:NC:WA:361 NY L82934

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.1020; 6114.30.3070

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

RE: The tariff classification of women’s knit garments 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 two women’s knit garments. The submitted garments will be returned, as requested.

Style 558-021 consists of a top and a panty styled bottom made from 85 percent nylon, 15 percent spandex knit fabric. Although you described the garment as a bikini, it is neither swimwear nor underwear. The top two triangular shaped cups with drawstrings through each side, attaching the two cups at the center and providing sufficient drawstrings to be used to tie the garment around the neck and behind the back. The top is decorated with rectangular strips of fabric attached at one side and hanging free. The panty styled bottom ha elasticized waistband and leg openings. It is decorated with metal buttons and fabric strips.

Although style 558-021 is composed of two garments, each garment will be classified separately as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for the top of style 558-021 will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s or girls’. The duty rate will be 28.2 percent ad valorem.

The applicable subheading for the panty of style 558-021 will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Other: Women’s or girls’. The duty rate will be 14.9 percent ad valorem.

The top of style 558-021 falls within textile category designation 639; the panty of style 558-021 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,

Previous Ruling Next Ruling

See also: