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NY N018259




November 2, 2007

CLA-2-62:OT:RR:NC:TAB:354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015, 6212.10.9020

Ms. Leigh Beckford
Vandegrift Forwarding Co., Inc.
230-19 Intl. Airport Center
Suite 250
Jamaica, N.Y. 11413

RE: The tariff classification of undergarments from China.

Dear Ms. Beckford:

In your letter dated October 4, 2007, written on behalf of your client, H & M Hennes & Mauritz LP, you requested a classification ruling.

Item #1334 “Lizzy Soft Bra,” is a soft cup brassiere made up of a 100% nylon knitted net fabric. Features include elasticized adjustable shoulder straps, an elasticized bottom band, three rows of double adjustable hook and eye closures at the back, ruffled net flounce edging along the top of the cups and along the bottom band, and a small bow with a decorative rhinestone adornment at the center of the cups.

You refer to Item #1334 “Lizzy String Skirt,” as a coordinating tang string skirt made of 100% nylon knitted net fabric. The undergarment features a sheer skirt-like panel that extends approximately five inches from the waist with an inner g-string styled panty. The bottom of the skirt-like panel also features ruffled net flounce edging. Additional features include a small bow sewn to the front of the garment at the elasticized waist, with a decorative rhinestone adornment.

The applicable subheading for item #1334 “Lizzy Soft Bra” 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: brassiere: other: otherof man-made fiber. The duty rate will be 16.9% ad valorem.

The applicable subheading for item #1334 “Lizzy String Skirt” will be 6108.92.0015, 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 man-made fiber: underwear: other: women’s. 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/.

Item 1334 “Lizzy Soft Bra” falls within textile category 649 and item #1334 “Lizzy String Skirt” 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. 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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