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NY L86024




July 26, 2005

CLA-2-61:RR:NC:N3:353 L86024

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070, 6114.30.3060

Mr. Ken Krankkala
Pony Express Creations, Inc.
9350 Trade Pl. Ste C
San Diego, CA 92126

RE: The tariff classification of women’s and men’s novelty apparel from China, Hong Kong and Vietnam.

Dear Mr. Krankkala:

In your letter dated June 24, 2005 you requested a classification ruling. The samples will be returned to you as requested.

Four samples were submitted with your request. Style 850456, Kiss the girl mistletoe female garment is a thong item composed of knit velour 100% polyester fabric with mistletoe at the front.

Style 850457, Snatch the candy female garment is a thong style item composed of knit velour 100% polyester fabric with a large faux candy at the front.

Style 850458, What’s in your stocking male garment is a thong item resembling a Xmas stocking at the front. It is composed of knit 100% polyester fabric.

Style 850460, Kiss the guy mistletoe male garment is a thong style garment with mistletoe at the front. It is composed of knit 100% polyester fabric.

The items are not considered underwear of 6107 or 6108. All of the above items are not designed to be worn under clothing, they are designed to be seen when worn.

  The applicable subheading for styles 850456 and 850457 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, Other: Women’s or girls’." The general duty rate will be 14.9% ad valorem. The textile category designation is 659. The applicable subheading for styles 850456 and 850457 will be 6114.30.3060, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, Other: Men’s or boys’." The general duty rate will be 14.9% ad valorem. The textile category designation is 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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