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NY N006306




February 15, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010; 6108.22.9020; 6108.92.0015

Ms. Sara Gradilla
R.L. Jones Customhouse Brokers, Inc.
P.O. Box 488
San Luis, Arizona 85349

RE: The tariff classification of women’s sleepwear from Mexico

Dear Ms. Gradilla:

In your letter dated January 29, 2007, you requested a classification ruling on behalf of Fantasy Lingerie. The submitted samples will be returned to you as requested.

Style S3063 is a woman’s bed jacket constructed from 100 percent polyester woven fabric. The sleeves have 100 percent polyester knit mesh inserts. The garment features long, bell-like sleeves with vents, a ruffle collar and a full front opening secured by a self-fabric tie. The garment does not reach the waist.

Style S4088 consists of a woman’s chemise composed of knit and woven components. The body of the chemise is constructed from 100 percent polyester woven fabric and the bodice is constructed from 100 percent polyester knit mesh fabric. The matching thong constructed from 100 percent polyester knit mesh fabric. The chemise features a V-neckline, underwire cups and adjustable shoulder straps. The front and back panels have two slits with decorative bows. The thong-styled panty features an elasticized waist and leg openings, has an elasticized waist and a panel sewn at the crotch that extends up the back to the waist.

Style 9127 consists of a woman’s nightgown composed of knit and woven components. The body of the nightgown is constructed from 100 percent polyester woven fabric and the bodice is constructed from 100 polyester knit mesh fabric. The matching g-string is constructed from 100 polyester knit mesh fabric. The halter-styled nightgown features a cowl neckline with straps that fasten at the nape of the neck, 29-inch high slits at the sides and at the center front and back panels. The garment extends to the ankle. The g-string features an elasticized waist and elasticized g-string.

Style S8368 consists of a woman’s camisole composed of knit and woven components and a matching thong constructed from 100 percent polyester knit mesh fabric. The body of the camisole is constructed from 100 percent polyester woven fabric mesh fabric and the bodice is constructed from 100 percent polyester knit mesh fabric. The camisole features a V-neckline, underwire cups, adjustable shoulder straps, front vents with decorative bows. The thong-styled panty features an elasticized waist and a fabric panel sewn at the crotch that extends up the back to the waist.

Style S9133 consists of a woman’s nightgown composed of knit and woven components and a matching thong constructed from 100 percent polyester knit mesh fabric. The body of the nightgown is constructed from 100 percent polyester woven fabric and the bodice is constructed from 100 percent polyester knit mesh fabric. The nightgown features a V-neckline, underwire cups, adjustable shoulder straps, 29–inch slits at the sides and at the center front and back panels. The thong-styled panty features an elasticized waist and leg openings and a fabric panel sewn at the crotch that extends up the back to the waist.

The applicable subheading for style S3063 will be 6208.92.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls; singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of man-made fibers: bathrobes, dressing gowns and similar articles: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for styles S4088, S8368 and the nightgowns of styles 9127 and S9133 will be 6208.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The duty rate will be 16 percent ad valorem.

The applicable subheading for the thong of style S9133 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: other: women’s. The duty rate will be 15.6 percent ad valorem.

The applicable subheading for the g-string of style 9127 will be 6108.92.0015, 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: other: of man-made fibers: other: women’s. The duty rate will be 16 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/.

The bed jacket falls within textile category 650; the nightgowns, chemise and camisole fall within textile category designation 651 and the g-string and thong fall within textile category designation 652. 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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