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NY N020716




January 9, 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 being returned.

The submitted samples are Styles BD105, BD101 and HW751 constructed of knit 92% nylon, 8% spandex fabric. You refer to Style BD105 as a camisole; however examination reveals it is a leotard.

Style BD105 is a sleeveless woman’s dance leotard cut straight across the front, with double ½-inch straps, scoop back and hemmed leg openings

Style BD101is a sleeveless woman’s dance leotard cut straight across the front, with adjustable ½-inch straps, crisscross back straps and hemmed leg openings.

Style HW751 is a sleeveless woman’s dance leotard cut straight across the front, with 3/8-inch straps, accent ribbing and hemmed leg openings.

The applicable subheading for the Styles BD105, BD101 and HW751 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 BD105, BD101 and HW751 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

We are returning your request for classification ruling for Style BD107, and any related samples, exhibits, etc.

Section 177.7, Customs Regulations (19 CFR 177.7) provides that rulings will not be issued in certain circumstances. Section 177.7(b) states, in pertinent part, the following:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit, or any court of appeal therefrom.

Beginning June 2005, the issue of the classification of upper body garments with a shelf bra has been filed with the United States Court of International Trade by several different importers. In light of the prohibition set out in 19 CFR 177.7(b), and as the instant classification ruling request is closely related to the issue presently pending in the Court of Appeals, we are unable to issue a classification ruling letter to you with respect to Style BD107.

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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