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NY N022097




February 11, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020

Ms. Helena Cooper
Original Concepts Inc.
701 E. 3rd Street
Suite 130
Los Angeles, CA 90013

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

Dear Ms. Cooper:

In your letter dated January 11, 2008, you requested a classification ruling on behalf of your client, Smiffy’s. The sample submitted will be returned.

Style 30346 is referred to as a woman’s “Ruffled Panty White/Red” and is constructed of a knit 100% polyester satin fabric. Three rows of raschel lace-like ruffles adorn either side of the front center panel and extend to the back of the panty. The undergarment features an elasticized waistband and high cut elasticized legs which are bordered by raschel lace-like trim, side seams, a satin bow sewn onto the center back of the undergarment, and a lined crotch panel. You state that the undergarment will also be offered in different colors and sizes as styles 30298, 30299, 30512, 30527, 30587 and 30610.

The applicable subheading for the aforementioned styles will be 6108.22.9020, 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: Briefs and panties: of man-made fibers: Other . . . Women’s. The rate of duty 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/.

The aforementioned styles fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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