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NY N016730





September 28, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010; 6108.22.9020; 6109.90.1065; 6212.10.5020; 6212.90.0030

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

RE: The tariff classification of ladies’ wearing apparel from Mexico

Dear Ms. Gradilla:

In your letter dated September 3, 2007, you requested a tariff classification ruling on behalf of your client, Fantasy Lingerie. The samples provided will be returned as per your request.

The submitted sample, style 903B, is a ladies underwire bustier styled garment with four permanently attached hanging garters and matching thong styled panty. The garment is constructed of lightweight 100% nylon knit mesh fabric. The garment features elasticized and adjustable shoulder straps. It covers the torso from the top of the bust to below the hip. The garment also features embroidered soft fabric cups with underwire support, side seams, a sewn on ruffled polyester woven chiffon bottom, elasticized edging along the top sides and back, and is adorned with a small satin bow located at the top front center. The five panel garment also features two front vertical stays and a fourteen hook and eye adjustable closure at the back. The matching thong styled panty is constructed of lightweight 100% nylon knit mesh fabric. The panty features an embroidered front panel and is secured to the body by elasticized straps around the waist.

The submitted sample, style 4094, is a ladies slip styled garment and matching thong styled panty. The garment is constructed of lightweight 100% nylon knit mesh fabric. The garment features elasticized and adjustable shoulder straps. It covers the torso from the top of the bust to the thigh. The garment also features embroidered soft fabric cups with underwire support, side seams, a sewn on ruffled polyester woven chiffon bottom, elasticized edging along the top sides and back, and is adorned with a small satin bow located at the top front center. The matching thong styled panty is constructed of lightweight 100% nylon knit mesh fabric. The panty features an embroidered front panel and is secured to the body by elasticized straps around the waist.

The submitted sample, style 8386, is a ladies underwear camisole and matching thong styled panty. The garment is constructed of lightweight 100% nylon knit mesh fabric. The garment features elasticized and adjustable shoulder straps. It covers the torso from the top of the bust to the waist. The garment also features embroidered soft fabric cups with underwire support, side seams, a sewn on ruffled polyester woven chiffon bottom, elasticized edging along the top sides and back, and is adorned with a small satin bow located at the top front center. The matching thong styled panty is constructed of lightweight 100% nylon knit mesh fabric. The panty features an embroidered front panel and is secured to the body by elasticized straps around the waist.

The submitted sample, style 8388, is a ladies bra and matching thong styled panty. The garment is constructed of lightweight 100% nylon knit mesh fabric. The garment features embroidered soft fabric cups with underwire support, side seams, elasticized and adjustable shoulder straps, a triple adjustable hook and eye closure on the back, and is adorned with a small satin bow located at the top front center. The matching thong styled panty is constructed of lightweight 100% nylon knit mesh fabric. The panty features an embroidered front panel and is secured to the body by elasticized straps around the waist.

The applicable subheading for style 903B will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, 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 rate of duty will be 6.6 percent ad valorem.

The applicable subheading for style 4094 will be 6108.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: slips and petticoats: of man-made fibers, women’s. The duty of rate will be 14.9% ad valorem.

The applicable subheading for style 8386 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fiberswomen’s or girls: tank tops and singlets: women’s. The rate of duty will be 32% ad valorem.

The applicable subheading for style 8388 will be 6212.10.5020, Harmonized Tariff Schedule of the United States, which provides for "Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Brassieres: Containing lace, net or embroidery: Other . . . Of man-made fibers." The rate of duty will be 16.9% ad valorem.   

The applicable subheading for the thong styled panties of styles 903B, 4094, 8386, and 8388 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: other, women’s. The general 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/.

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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