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NY N016725




October 4, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020, 6108.32.0010, 6108.92.0015,

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

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

Dear Ms. Gradilla:

In your letter dated September 3, 2007 you requested a classification ruling on behalf of your client Fantasy Lingerie.

 Style 7136 is a woman’s pajama set constructed from 100 percent nylon mesh knitted fabric. The top features a V-neckline, a full front opening with a tie closure at the bustline and elasticized adjustable shoulder straps. The garment extends below the waist. The front opening, front neckline and bottom are trimmed with faux fur. The upper back of the top extends straight across from side seam to side seam, exposing the upper half of the back. The pajama bottom is a matching g-string.

Style 7170 is a woman’s pajama set constructed from 100 percent nylon mesh knitted fabric. The top features a U-neckline with a bow in the center, elasticized adjustable shoulder straps and faux fur trim around the bottom. The garment extends to the waist. The upper back of the top extends straight across from side seam to side seam, exposing the upper half of the back. The pajama bottom is a matching g-string.

Style 8324 is constructed of 100 percent nylon mesh knit fabric and consists of two pieces. The woman’s bralette features an elasticized bottom, two elasticized adjustable shoulder straps and faux fur trim in the front. The g-string has an elasticized waist and a bow in the front with two faux fur pom poms.

 Style 9141 is a woman’s nightgown with matching g-string constructed from 100 percent nylon mesh knitted fabric. The ankle length nightgown features a V-neckline with a bow at the bottom, elasticized adjustable shoulder straps, an opening extending from the bustline to the bottom of the garment and openwork fabric finishing the bottom. The V neckline and front opening are trimmed with faux fur.

Style 3040 is a woman’s nightgown constructed from 100 percent nylon mesh knitted fabric. The ankle length nightgown features a V-neckline with a bow at the bottom, long bell-like sleeves with a v shape cutaway, an opening extending from the bustline to the bottom of the garment and openwork fabric finishing the bottom and sleeves. The front opening and neckline in front and back are trimmed with faux fur.

We are returning your samples as you requested.

The applicable subheading for style 7136 and 7170 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s Nightdresses and pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% ad valorem.   

The applicable subheading for style 8324 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, of man-made fibers. The duty rate will be 16.9 percent ad valorem.

The applicable subheading for styles 8324 g-string and 9141 g-string 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: underwear: other: women’s. The duty rate will be 16 percent ad valorem.

The applicable subheading for style 9141 nightgown and 3040 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s Nightdresses and pajamasknitted or crocheted: Of man-made fibers. The duty rate will be 16% 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/.

Style 8324 bralette falls within textile category 649. Styles 8324 g-string and 9141 g-string fall within textile category 652. Style 7136, 7170, 9141 nightgown and 3040 fall within textile category 651. 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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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