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NY N015885




September 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020

Ms. Abigail Mugrage
Abercrombie & Fitch Trading Company
6301 Fitch Path
New Albany, OH 43054

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

Dear Ms. Mugrage:

In your letter dated August 16, 2007, you requested a classification ruling. The samples submitted will be returned.

Style 5F1046 is a woman’s thong styled panty constructed of 59% nylon and 41% rayon knitted fabric. The front panel of the undergarment as well as a small panel in the back feature raschel lace-like open work knitted fabric that has inwrought designs. The undergarment also features an elasticized ribbed knit waistband constructed of 92% cotton and 8% spandex knitted fabric, a lined crotch panel, and elasticized edging.

Style 5F1066 is a woman’s bikini styled panty that has a front panel constructed of a sheer 100% polyester open work knitted fabric and a back panel constructed of 89% cotton and 11% spandex knitted fabric. The back of the undergarment features an open vent which is secured by a ribbon that can be tied into a small bow and an elasticized center seam. The undergarment also features a two-ply constructed crotch panel, elasticized unfinished edging, and high cut elasticized leg openings. Style 5F1073 is a hipster styled panty version of the aforementioned style 5F1066 and has the same features.

The applicable subheading for styles 5F1046, 5F1066 and 5F1073 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 rate of duty will be 15.6 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/.

Styles 5F1046, 5F1066 and 5F1073 fall within textile category 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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