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NY N015982




September 7, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6109.90.1065

Mr. Henry Flood
Unity Customs Brokers, Inc.
11222 South La Cienega Blvd.
Suite 310
Inglewood, CA 90304

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

Dear Mr. Flood:

In your letter dated August 13, 2007, you requested a classification ruling on behalf of your client, O’Bryan Brothers, Incorporated. The samples submitted will be returned. You state in your letter that some garments contain bamboo. For purposes of this ruling, we are assuming that what you call bamboo is actually an artificial fiber, which is derived from bamboo.

Style 718030 “Ecosoft Bamboo Thong” is a women’s thong-styled panty constructed of 95% rayon and 5% spandex knitted fabric. The garment features an elasticized waistband and elasticized high cut leg openings which are bordered by raschel lace-like knit fabric trim. The garment also features a lined crotch panel and is adorned with a small half bow sewn onto the middle of the front waistband.

Style 758230 “Stretch Micro-Modal Bikini” is a women’s bikini-styled panty constructed of 95% rayon and 5% spandex knitted fabric. The bikini-styled panty features an elasticized waistband, elasticized high cut leg openings, a back center seam, and a lined crotch panel.

Style 716130 “Ecosoft Bamboo Camisole” is a women’s underwear camisole constructed of lightweight 95% rayon and 5% spandex knitted fabric. The garment is supported on the body by elasticized thin shoulder straps and covers the torso from the top of the bust to below the waist. The top and bottom edges of the garment are elasticized and feature rashel lace-like knit fabric trim, which also borders the shoulder straps. The garment also features side seams and a V-styled front that is adorned with a small half bow in the center.

Style 756130 “Stretch Micro-Modal Camisole” is a women’s underwear camisole constructed of lightweight 95% rayon and 5% spandex knitted fabric. The garment is supported on the body by thin adjustable elasticized shoulder straps and covers the torso from the top of the bust to below the waist. The top edge of the garment is elasticized and features a V-styled front, a hemmed bottom and side seams.

Style 756330 “Stretch Micro-Modal Tank” is a women’s racerback styled underwear singlet constructed of lightweight 95% rayon and 5% spandex knitted fabric. The garment features a scooped front neckline, oversized armholes, shoulder straps that measure one and one-half inches in width, elasticized trim at the neck and arm openings, a hemmed bottom, and side seams.

The applicable subheading for styles 718030 and 758230 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 duty rate will be 15.6% ad valorem.

The applicable subheading for styles 716130, 756130, and 756330 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/.

Styles 718030 and 758230 fall within textile category 652. Styles 716130, 756130 and 756330 fall within the 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 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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