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NY N017419




October 17, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010; 6108.92.0015

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int’l Airport Center
Suite 250
Jamaica, NY 11413

RE: The tariff classification of ladies’ garments from China.

Dear Ms. Beckford:

In your letter dated September 17, 2007, you requested a classification ruling on behalf of your client, H & M Hennes & Mauritz LP. The provided samples will be returned as per your request.

Style 542750/1336 is a woman’s underwear teddy constructed of 86% nylon and 14% rayon sheer knit mesh fabric. The garment has two-ply construction on two panels that make up the front of the garment, the outer ply made of raschel lace-like open work knitted fabric with inwrought designs. The same raschel lace-like open work fabric overlays the padded and seamed underwire cups. The garment also features satin straps that decorate the front portion of the adjustable elasticized shoulder straps, side seams, a triple adjustable hook and eye rear closure, lace-like trim along the elasticized edging, high cut leg openings, a thong–styled back, and a lined gusset crotch panel with a three snap closure.

Style 542760/1336 is a woman’s nightgown constructed of 86% nylon and 14% rayon sheer knit mesh fabric. The nightgown features a V-neckline, a U-shaped back, adjustable shoulder straps, lace trim all around the top and a hemmed bottom. The nightgown extends to mid-thigh. Based on its appearance, the garment is considered sleepwear of heading 6108.

The applicable subheading for style 542750/1336 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 rate of duty will be 16 percent ad valorem.

The applicable subheading for style 542760/1336 will be 6108.32.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’sNightdresses 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 542750/1336 falls within textile category 652 and Style 542760/1336 falls 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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