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NY L86677




September 6, 2005

CLA-2-61:RR:NC:WA:361 NY L86677

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015; 6114.30.3070

Mr. William Ortiz, Executive Vice President S.J. Stile Associates Ltd.
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women’s garments from China.

Dear Mr. Ortiz:

In your letter dated August 5, 2005 you requested a classification ruling for woman’s garments on behalf of Van Dale Industries. The samples will be returned, as requested.

The submitted item is a set made up of a chemise styled garment and a thong constructed from 100 percent nylon knit fabric. The chemise styled garment has adjustable elasticized shoulder straps, a V-shaped neckline in front, a circular opening in back with a hook and eye closure at the top, and a three-inch flounce finishing the bottom. The bust has substantial padding and underwires. The thong has an elasticized waistband and a panel sewn at the crotch. You have indicated that the submitted item will be imported under style numbers 003, 004, 002B, and 0003. Each number represents a different color.

You have referred to the submitted item as a sleepwear set, however, its appearance and construction seems impractical for use as sleepwear. Therefore, the garment will not be classified as sleepwear in heading 6108.

Although you have referred to the chemise styled garment and thong as a set, they will be classified as three separate garments 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 chemise styled garment 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. The rate of duty will be 14.9 percent ad valorem.

The applicable subheading for the thong will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for Women’sbriefs, panties, and similar articles knitted or crocheted: Of man-made fibers. The rate of duty will be 16 percent ad valorem.

The chemise falls within textile category designation 659; the thong falls within textile category designation 652. 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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