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NY L88499




November 18, 2005

CLA-2-62:RR:NC:N3:353 L88499

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091, 6113.00.1012

Mr. Eric Eherns
Somerbond Ltd. c/o Eric Eherns Co. Inc.
4 Park Ave., Suite 17E
New York, NY 1006

RE: The tariff classification of adult wearing apparel from China.

Dear Mr. Eherns:

In your letter dated October 26, 2005 you requested a tariff classification ruling. The samples will be returned to you as requested.

Two samples were submitted with your request. Style F01000154, Ladies Maid Bikini Set is consists of a G-string, top, headpiece and garter. The G-string and top are composed of woven polyester fabric.

Style F010001579, Ladies Nurse Babe Set consists of a thong, top and headpiece composed of knit fabric coated on the outer surface with compact polyurethane (PU) plastic material that completely obscures the underlying fabric.

Style F01000154 garments are not within the purview of headings 6212 or 6208.

The applicable subheading for the Ladies Maid Bikini Set, style F01000154 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTS), which provides for “Track suits, ski-suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers: other. The rate of duty will be 16% ad valorem. The textile category designation is 659.

The applicable subheading for the Ladies Nurse Babe Set, style F010001579 will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for "Garments made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other." The rate of duty will be 3.8% 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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