United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2006 NY Rulings > NY M82135 - NY M82189 > NY M82189

Previous Ruling Next Ruling
NY M82189




April 19, 2006

CLA-2-61:RR:NC:TA:354 M82189

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.32.0010; 6109.90.1065; 6212.90.0030; 6307.90.9889

Ms. Linda M. Rasco
Metro Custom Brokers, Inc.
40 Miromar Drive, Suite 12
Champlain, New York 12919

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

Dear Ms. Rasco:

In your letter dated March 29, 2006, you requested a classification ruling in behalf of Blush Lingerie. The provided six samples will be returned as per your request.

Style “8159-Giltzy Kitch” consists of a woman’s matching camisole and thong-styled bikini panty constructed of a 63% polyamide 37% elastane knitted fabric. The v-neckline camisole is trimmed with a raschel lace-like fabric at the top edges and garment bottom. The camisole also features a seamed bust area, side seams, and adjustable spaghetti straps that are doubled at the front and elasticized at the rear. The thong-styled bikini panty is trimmed with a raschel lace-like fabric at the top of the front panel. The panty also features doubled straps at the hip area which connect the front and back panels, a lined crotch panel, and an elasticized band sewn on the underside panel edges.

Style “8251-Sugar Lips” consists of a woman’s matching camisole and thong-styled bikini panty constructed of a 86% nylon 16% elastane knitted fabric. The v-neckline camisole is trimmed with a raschel lace-like fabric at the top edges and side seams. The camisole also features a seamed bust area, adjustable elasticized shoulder straps, and an overlock stitch finish at the garment bottom. The thong-styled bikini panty is trimmed with a raschel lace-like fabric across the middle of the front panel. The panty also features a lined crotch panel and elasticized high cut leg openings that are trimmed with a sheer fabric.

Style “8227-Fabulash” is a two-piece baby doll pajama consisting of a v-neckline top and a hipster-styled panty. The baby doll top has woven 95% polyester 5% elastane fabric at the center of each seamed bust which is trimmed at the top edges with a 100% polyester raschel lace-like fabric. A 86% polyamide 14% elastane mesh fabric extends below the bust to the upper hip area. The lower portion of the garment is made of a scalloped edge 100% polyester raschel lace-like fabric measuring approximately 6-inches in length. The baby doll also features adjustable elasticized shoulder straps and side seams. The hipster-styled panty is constructed of a woven 95% polyester 5% elastane fabric with a 100% polyester raschel lace-like fabric at the sides extending to the front and back hip area. The panty features a fabric covered elasticized waistband, high cut elasticized leg openings, and a lined crotch panel. The essential character of Style “8227-Fabulash” is imparted by the knitted fabric portions of the two-piece pajama.

Style “8160-Sexy Pack” consists of a two-piece baby doll pajama, a garter, and an eye mask packed in a non-reusable coordinating fabric pouch. The two-piece baby doll pajama consists of a v-neckline top and a bikini panty. The baby doll top and bikini are made of a 100% polyamide mesh fabric. The v-neckline top has a seamed bust area, adjustable elasticized shoulder straps, side seams, and a ¼-inch wide elasticized band is sewn on the underside of the garment across the bottom of the bust extending to the top of the garment back. The top extends to the hip area and is trimmed with raschel lace-like trim at the bust and top and bottom edges of the garment. A bow is found at the center of the bust and at the bottom of the side seams. The bikini panty features an elasticized waistband, elasticized high cut leg openings, a lined crotch panel, two bows on the front panel, and raschel lace-like trim at the waistband, leg openings, and across the front and back panels. The garter is constructed of a 100% polyamide organza fabric with an elasticized top and bottom that is trimmed with raschel lace-like trim. The eye mask is covered with an organza fabric, trimmed with raschel lace-like fabric and bows, and has ribbon ties. All items are packed in a coordinating organza pouch tied with a ribbon. The pajama and coordinating fabric pouch are sold at retail as a unit. As such, they are considered to be a composite good. They are adapted to each other, are mutually complementary and together form a whole which would not be normally offered for sale in separate parts. The essential character of the items is imparted by the pajamas, therefore, both the pajamas and coordinating pouch will fall within the same textile category designation.

With regard to styles “8167-Sasy Lace” and “8192-Less is More”, Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling would be inconsistent with 19 C.F.R. §177.7(b). Therefore, the above referenced files are hereby administratively closed.

The applicable subheading for the Style “8159-Giltzy Kitch” and Style “8251-Sugar Lips” camisoles will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 percent ad valorem.

The applicable subheading for the Style “8159-Giltzy Kitch” and Style “8251-Sugar Lips” panties will be 6108.22.9020, HTSUS, 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 Style “8227-Fabulash” will be 6108.32.0010, HTSUS, which provides for Pajamasknitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for Style “8160-Sexy Pack” baby doll pajama and coordinating pouch will be 6108.32.0010, HTSUS, which provides for Pajamasknitted or crocheted: Of man-made fibers: Women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for Style “8160-Sexy Pack” garter will be 6212.90.0030, HTSUS, which provides for Brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other . . . Of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 percent ad valorem.

The applicable subheading for Style “8160-Sexy Pack” eye mask will be 6307.90.9889, HTSUS, which provides for Other made up textile articles, Other. The rate of duty will be 7% ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Styles “8159-Giltzy Kitch” and Style “8251-Sugar Lips” camisoles fall within textile category designation 639. The Styles “8159-Giltzy Kitch” and Style “8251-Sugar Lips” panties fall within textile category designation 652. Style “8227-Fabulash” and style “8160-Sexy Pack” baby doll pajamas and coordinating pouch fall within textile category designation 651. The Style “8160-Sexy Pack” garter falls within textile category designation 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

Previous Ruling Next Ruling

See also: