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NY N020719




January 2, 2008

CLA-2-61:OT:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.2010

Melissa Stanczak
Ballet Makers, Inc.
1 Campus Rd.
Totowa, New Jersey 07512

RE: The tariff classification of leotards from China and Vietnam.

Dear Ms. Stanczak:

In your letter dated December 3, 3007, you requested a classification ruling.

The submitted samples are Styles HW750 and HW755. You refer to Style HW750 as a camisole; however, examination reveals it is a leotard. Both styles are constructed of knit 92% nylon, 8% spandex fabric.

Style HW750 is a sleeveless woman’s dance leotard with a modified V-neck, 3/8-inch width straps, side ribbing, front pinch and hemmed leg openings.

Style HW755 is a cap sleeve woman’s dance leotard, with a modified V-neck, side ribbing, and hemmed sleeve and leg openings.

The applicable subheading for the Styles HW750 and HW755 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Bodysuits and bodyshirts, Of fabric containing by weight 5 percent or more of elastomeric yarn or rubber thread." The rate of duty will be 32% 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/.

Styles HW750 and HW755 fall within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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