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NY N016682




September 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6208.92.0010; 6212.10.9020; 6212.90.0030;

Ms. Sara Gradilla
R. L. Jones Customhouse Brokers
444 N. Cesar Chavez St.
San Luis, Arizona 85349

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

Dear Ms. Gradilla:

In your letter dated August 22, 2007, you requested a classification ruling on behalf of Fantasy Lingerie. Your samples will be returned as requested.

Submitted sample, style #8380, is a woman’s bralette and matching thong-styled panty constructed from 100% polyester woven fabric. The bralette covers the bust but provides no means of support. The garment features adjustable, elasticized shoulder straps and an elastic strap that extends from the sides. The thong-style panty features four adjustable garters. The garments are embellished with embroidery.

Submitted sample, style #8375, is a woman’s baby doll-styled pajama with a matching g-string constructed from 100% polyester woven fabric. The upper garment extends from the top of the bust to below the bust line. The bra-like upper body garment covers the bust but provides no means of support. The garment features adjustable, elasticized shoulder straps and elastic straps that extend from the sides. The g-string features fabric at the front and is secured to the body by elastic straps around the waist and at the center back. The garments are embellished with embroidery.

Submitted sample, style #9158, is a woman’s nightgown and matching g-string constructed from 100% polyester woven fabric. The nightgown extends from the top of the bust to the ankle. The pullover nightgown features adjustable, elasticized shoulder straps, a built in under wire bra with elastic straps that extend from the sides and fasten in the back and side vents. The g-string features fabric at the front and is secured to the body by elastic straps around the waist and at the center back. The garments are embellished with embroidery.

Submitted sample, style #3069, is a woman’s bed jacket constructed from 100% polyester woven fabric. The garment extends from the shoulders to below the bust line. The bed jacket features long sleeves and a full front opening secured by a self-fabric tie. The garment also has ruffles around the neckline, the front opening and the bottom.

Submitted sample, style #4096, is a woman’s sleepwear garment and matching g-string constructed from 100% polyester woven fabric. The garment features an adjustable, elasticized shoulder straps, a built in under wire bra with an elastic strap that extends from the sides and fastens in the back and side vents. The garment extends from the top of the bust to the waist. The g-string features fabric at the front and is secured to the body by elastic straps around the waist and at the center back. The garments are embellished with embroidery.

The applicable subheading for the styles 8375, 9158 and 4096 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 style 3069 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 the style 8380 (bralette) will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other: other: of man-made fibers. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for the style 8380 (thong-styled panty) will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other: of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 6.6 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 8375, 9158, 4096 and 8380 (thong-styled panty) falls within textile category 659, style 8380 (bralette) falls within textile category 649 and style 3069 falls within textile category 650. 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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