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NY N016724




September 25, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.22.0000; 6212.10.9020; 6208.92.0030

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 September 3, 2007, you requested a classification ruling on behalf of Fantasy Lingerie. Your samples will be returned as requested.

Submitted sample, style #9154, is a woman’s nightgown and a matching g-string constructed from 100% polyester woven fabric. The nightgown extends from the shoulder to the ankle. The pullover garment features a deep V-neckline, an empire waist, spaghetti straps that crisscross and tie in the back, a rhinestone decoration is at the center at the bust line that attaches the two sides of the top. The matching g-string features fabric at the front and is secured to the body by elastic straps around the waist and at the center back.

Submitted sample, style #4095, is a woman’s baby doll-styled pajama with a matching g-string constructed from 100% polyester woven fabric. The garment extends from the shoulder to the mid-thigh. The garment features a deep V-neckline, crisscross tie in the back, rhinestone hardware at the center at the bust line that attaches the two sides of the top. 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.

Submitted sample, style #7169, is a woman’s baby doll-styled pajama with a matching g-string constructed from 100% polyester woven fabric. The halter-styled garment extends from the shoulder to the upper thigh and features a tie in the back of the neck, rhinestone hardware in the center at the bust line that attaches the two sides of the top. 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.

Submitted sample, style #8387, 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 shoulder to below the bust line and features a tie in the back of the neck, rhinestone hardware in the center at the bust line that attaches the two sides of the top. 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.

Submitted sample, style #8384, is a woman’s bralette and a matching thong-styled panty constructed from 100% polyester woven fabric. The bralette covers the bust but provides no means of support. The garment features a tie in the back of the neck, an elastic strap that extends from the sides and rhinestone hardware in the center at the bust line that attaches the two sides of the bralette. The thong-styled panty features side vents.

The applicable subheading for the styles 4095, 7169, 8387 and 9154 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 bralette of style 8384 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 thong-styled panty of style 8384 will be 6208.92.0030, 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: 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/.

Styles 4095, 7169, 9154 and 8387 falls within textile category 651, style 8384 (bralettle) falls within textile category 649 and style 8384 (thong-styled panty) falls 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 Brenda Wade at 646-733-3051.

Sincerely,

Robert B. Swierupski
Director,

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