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NY N004965




January 18, 2007

CLA-2-61:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6003.30.1000, 5402.43.9020, 5402.43.9040, 6117.90.9080, 6117.90.9090

Anthony Dell’Aquila
Merry Modes Inc.
61 Willet St.
Passaic, NJ 07055

RE: The tariff classification of fabric, yarn and parts of clothing from China.

Dear Mr. Dell’Aquila:

In your letter received in this office on January 4, 2007, you requested a classification ruling.

The submitted samples are called Styles 168 lace, T35 thread, 400 push up bra cup and 300 teardrop bra cup.

Style 168, which you call ½-inch “lace,” is a warp knit 100% nylon open work fabric with an inwrought design featuring a stylized floral motif.

You submitted a spool of Style T35 yarn that you state is 100% polyester. Our examination reveals it to be a multifilament yarn with little or no twist, with a decitex of approximately 600. It is wound on a support and weighs approximately 720 grams. It does not meet the tariff definition for “put up for retail sale” found in Note 4 to Section XI, HTSUS.

You state that the yarn is used to sew garments, mainly wedding slips. However, it does not meet the tariff definition of sewing thread found in Note 5 to Section XI, HTSUS.

You state that Style 400 push up bra cup is constructed of foam. However, examination of the sample reveals that the bra cup is constructed of two layers of 100% knit fabric that covers a middle layer of foam. The bra cup will be inserted into bras or dresses.

Style 300 teardrop bra cup is constructed of 100% knit nylon fabric that covers a middle layer of foam. The bra cup will be inserted into bras or dresses.

The applicable subheading for the Style 168 warp knit open work fabric will be 6003.30.1000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, other than those of headings 6001 or 6002, of synthetic fibers, open-work fabrics, warp knit. The duty rate will be 14.1 percent ad valorem.

If the Style T35 yarn is untwisted or has fewer than five turns per meter, the applicable subheading for style T35 100% polyester yarn will be 5402.43.9020, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, other yarn, single, of polyester, other; other; multifilament, untwisted or with twist of less than 5 turns per meter. The rate of duty will be 8 percent ad valorem.

If the Style T35 yarn has five or more turns per meter, the applicable subheading will be 5402.43.9040, HTSUS, which provides for synthetic filament yarn (other than sewing thread), not put up for retail sale, other yarn, single, of polyester, other; other, multifilament, with twist of 5 turns or more per meter. The rate of duty will be 8 percent ad valorem.

The applicable subheading for the Style 400 push up bra cup, if of cotton, will be 6117.90.9080, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: parts: other, other: of cotton. The duty rate will be 14.6 percent ad valorem.

The applicable subheading for the Style 400 push up bra cup, if of man-made fibers, and the Style 300 teardrop bra cup will be 6117.90.9090, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: parts: other, other: of man-made fibers. The duty rate will be 14.6 percent 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/.

Style 168 warp knit open work fabric falls within textile category 229; Style T35 yarn classified in subheading 5402.43.9040, HTSUS, falls within textile category 606; Style 400 push up bra cup, if of cotton, falls within textile category 359; Style 400 push up bra cup, if of man-made fibers, and Style 300 teardrop bra cup fall within textile category 659. 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 number above applies 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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