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NY L85823




July 18, 2005

CLA-2-62:RR:NC:TA:354 L85823

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.32.0010; 6108.92.0015; 6109.90.1065; 6212.10.9020; 6114.30.3070

Ms. Sara Gradilla
R. L. Jones Customhouse Brokers, Inc.
P.O. Box 488
San Luis, Arizona 85349

RE: The tariff classification of women’s apparel from Mexico.

Dear Ms. Gradilla:

In your letter dated June 22, 2005, you requested a classification ruling on behalf of Fantasy Lingerie.

Five samples were provided for review. Style 8277 consists of three ladies’ matching garments constructed of a 100% nylon knitted fabric in an animal print. The upper body garment has openings at either bust and features a halter-neck strap, and fabric fringes measuring approximately 6-inches in length at the front. The matching G-string styled panty features an animal print fabric front, an elasticized waistband, and an animal print G-string. The lower body garment features an elasticized waistband with fabric fringes measuring approximately 10-inches in length. The upper and lower body garments fall within textile category designation 659, and the panty falls within textile category designation 652.

Style 8264 is a women’s two-piece baby doll pajama. The upper body garment is constructed with a bust area made of a 100% polyester knit open work fabric and an upper back made of a 100% polyester mesh fabric. The lower portion of the garment is made of a woven fabric. The garment features adjustable spaghetti straps and a flyaway front. The matching G-string styled panty features a knit open work fabric front, an elasticized waistband, and an elasticized G-string. The essential character of the pajamas is imparted by the knitted open work fabric. The two-piece baby doll pajama falls within textile category designation 651.

Style 9107 consists of a 100% polyester knitted fabric ladies camisole with a matching G-string styled panty. The camisole has a three-panel front constructed of transparent raschel lace-like fabric and a back panel made of a transparent mesh fabric. The camisole features a v-neck front, adjustable spaghetti straps, and openings at either breast with ribbon ties. Four garter straps are sewn at the garment bottom. The matching G-string styled panty features a transparent raschel lace-like fabric front, an elasticized waistband, and elasticized G-string. The camisole falls within textile category designation 639 and the panty falls within textile category designation 652.

Style 8280 consists of a ladies upper body garment and matching thong-styled panty constructed of a 100% nylon knitted fabric. The upper body garment is designed to cover the bust area. The garment features adjustable spaghetti shoulder straps and 14 strings of beads measuring approximately 6-1/2 inches in length that are sewn below the bust area. The thong-styled bikini panty features an elasticized waistband and elasticized trim. The upper body garment falls within textile category designation 659 and the panty falls within textile category designation 652.

Style 8267 consists of a brassiere and matching G-string styled panty constructed of a 100% nylon open work warp knit fabric. The soft cup fabric brassiere features adjustable elasticized shoulder straps, an elasticized bottom band, and marabou feather trim at the top of the cups. The panty features an open work warp knit fabric front panel, an elasticized waistband with a marabou-trimmed bow sewn at the center, and an elasticized G-string. The brassiere falls within textile category designation 649 and the panty falls within textile category designation 652.

The applicable subheading for the Style 8277 upper body and lower body garments, and the Style 8280 upper body garment will be 6114.30.3070, HTS, which provides for Other garments, knotted or crocheted: Of man-made fibers: Other, Other: Women's or girls'. The duty rate will be 14.9% ad valorem.

The applicable subheading for the G-string styled panties of Styles 8277, 9107, and 8267 will be 6108.92.0015, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: underwear: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for Style 8264 will be 6108.32.0010, HTS, which provides for Women's or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas . . . knitted or crocheted: Nightdresses and pajamas: of man-made fibers . . . Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for the Style 9107 camisole will be 6109.90.1065, HTS, which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 percent ad valorem.

The applicable subheading for Style 8280 panty will be 6108.22.9020, 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 man-made fibers: Other . . . Women’s. The rate of duty will be 15.6 percent ad valorem.

The applicable subheading for the brassiere of Styles 8267 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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