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NY M86571




October 20, 2006

CLA-2-61:RR:NC:TAB:354 M86571

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020, 6109.90.1065

Ms. Clara Zhang
CDL USA, Inc.
215 Riverdale Dr
Fort Lee, NY 07024

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

Dear Ms. Zhang:

In your letter dated September 20, 2006 you requested a tariff classification ruling.

You have submitted various styles of women’s undergarments, each featuring a “Vanity Fair” sewn-in label. All submitted styles are made of knitted 94% nylon, 6% lycra fabric. Style #08-18-003 is a one panel constructed bikini panty featuring elasticized capping at the leg openings, a hemmed, ribbed knit waistband, and a horizontal seam at the lower garment rear.

Style #08-13-003 is a one panel constructed bikini panty featuring elasticized capping at the high-cut leg openings, a hemmed, ribbed knit waistband, and a horizontal seam at the lower garment rear.

Style #08-17-003 is a seamless form-fitting underwear camisole that reaches to below the waist and features a rounded neckline at the front and back, elasticized capping along the top edges of the garment that extends to form the spaghetti shoulder straps, and a hemmed bottom band.

Style #08-17-004 is a form-fitting underwear camisole that reaches to below the waist and features a U-shaped neckline at the front, shoulder straps measuring approximately 2-½ inches, elasticized capping along the neckline and arm openings, a hemmed bottom band, and a horizontal seam at the top of each shoulder strap.

The applicable subheading for both styles of panties will be 6108.22.9020, Harmonized Tariff Schedule of the United States (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: otherwomen’s. The rate of duty will be 15.6% ad valorem.

The applicable subheading for both styles of camisoles will be 6109.90.1065, HTSUS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: women’s or girls’: tank tops and singlets: women’s. The rate of duty will be 32% 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 panties fall within textile category 652; the camisoles fall within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category numbers above apply to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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