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NY N018944




November 20, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020

Ms. Lisa Whiles
James J. Boyle & Co.
7505 N.E. Ambassador Pl.
Portland, OR 97220

RE: The tariff classification of a woman’s undergarment from China.

Dear Ms. Whiles:

In your letter dated October 18, 2007, you requested a classification ruling on behalf of your client, Teri Lingerie Company LLC. The sample submitted will be returned.

Style 312/40245 is a woman’s panty brief constructed of 84% nylon and 16% spandex knit fabric. It features two-ply construction on the upper portion of the panel that makes up the front of the undergarment, the outer ply made of rashel lace-like fabric open work knitted fabric with inwrought designs. The undergarment also features a heavily elasticized waistband that measures approximately 1 ½ inches wide, high cut elasticized leg openings and a lined crotch panel.

The applicable subheading for style 312/40245 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 duty rate 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/.

Style 312/40245 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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