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NY L85825




July 18, 2005

CLA-2-62:RR:NC:TA:354 L85825

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.92.0015; 6109.90.1065; 6212.10.9020; 6114.30.1020; 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 8270 consists of a 100% nylon knitted fabric halter top and matching G-string styled panty. The halter top features a v-neck line, elastic trim at the upper edge of the garment that extends to form a halter strap, and raschel lace-like fabric at the garment bottom. The halter top does not reach the waist. The matching G-string styled panty features a raschel lace-like fabric front, an elasticized waistband, and elasticized G-string. The halter top falls within textile category designation 639 and the panty falls within textile category designation 652.

Style 8274 consists of a 100% nylon mesh fabric ladies upper body garment with a matching G-string styled panty. The upper body garment features a butterfly design at the bust area, a front panel measuring approximately 6-1/2 inches wide and 7-inches long sewn below the bust area, and an elasticized halter neck strap. The garment is sideless and backless with the exception of a ¼-inch wide elasticized band that extends from the lower sides of the bust area across the back. Two garter straps are sewn at either side of the front panel bottom. The matching G-string styled panty features a mesh fabric front, an elasticized waistband, and elasticized G-string. The upper body garment falls within textile category designation 659 and the panty falls within textile category designation 652. Style 8287 consists of a ladies’ bralette and matching thong-styled panty. Both garments are made of 100% nylon open work knitted fabric with laid in yarns forming a floral design. The ladies’ bralette features seamed v-shaped soft fabric cups, an elasticized halter-neck strap, and an elasticized band that extends from the lower sides of the cups across the back. The thong-styled panty is constructed of two panels seamed up the center at the front and back panel, and features an elasticized waistband. The bralette falls within textile category designation 649 and the panty falls within textile category designation 652.

Style 8276 consists of a ladies’ bralette and matching lower body garment. Both pieces are made of 100% nylon open work knitted fabric with laid in yarns forming a floral design. The ladies’ bralette features seamed v-shaped soft fabric cups, an elasticized halter-neck strap, and an elasticized band that extends from the lower sides of the cups across the back. The lower body garment measures approximately 10-inches in length, has side seams, and is trimmed at the bottom with a sheer animal print fabric. Although shaped like a skirt, the garment does not provide sufficient coverage. The bralette falls within textile category designation 649 and the lower body garment falls within textile category designation 659.

Style 8282 consists of a ladies’ underwear camisole and matching G-string styled panty. Both garments are made of 100% nylon open work knitted fabric with laid in yarns forming a floral design. The camisole features adjustable elasticized shoulder straps, side seams, and a scallop finish at the top and bottom of the garment. The matching G-string styled panty features an open work knitted 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.

The applicable subheading for the Style 8270 halter top will be 6114.30.1020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: women’s. The general rate of duty is 28.2% ad valorem.

The applicable subheading for the G-string styled panties of Styles 8270, 8274, and 8282 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 the Style 8274 upper body garment and the Style 8276 lower 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 bralettes of Styles 8287 and 8276 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.

The applicable subheading for the Style 8287 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 Style 8282 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.

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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