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NY N005720




January 31, 2007

CLA-2-62:RR:NC:TA:360

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091; 6114.30.3070

Ms. Sanna Nimmo
Vx Intimate Studio, Inc.
10 West 33rd Street
Suite 218
New York, NY 10001

RE: The tariff classification of women’s wearing apparel from China

Dear Ms. Nimmo:

In your letter dated January 19, 2007,classification ruling. The submitted samples will be returned to you as requested.

Styles 401, 402, 408 and 409 consist of an upper body garment and g-string constructed from 100 percent polyester woven fabric. The bra-like upper body garments cover the bust but provides no means of support. The garments attach to the body by adjustable, elasticized shoulder straps and an elastic strap that extends from the sides and fastens in the back. The g-strings feature fabric at the front and are secured to the body by elastic straps around the waist and at the center back. All garments are embellished with beading and embroidery.

Style 901 is a skirt-like garment that does not provide sufficient coverage of the lower torso. The upper portion is constructed from 70 percent nylon and 30 percent spandex knitted jersey fabric. The lower portion is constructed from 100 percent nylon knitted net fabric and 100 percent nylon knit lace trim. The garment features an elasticized waist with three belt loops. The garment extends from the waist to the upper thigh.

The applicable subheading for both garments of styles 401, 402, 408 and 409 will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), which provides for track suits, ski-suits and swimwear; other garments: other garments, women’s or girls’: of man-made fibers: other. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 901 will be 6114.30.3070 Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted: of man-made fibers: other: other: women’s or girls’. The duty rate will be 14.9 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/.

Both garments of styles 401, 402, 408 and 409 fall within textile category 659 and style 901 falls within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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