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NY N023642




March 13, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

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

RE: The tariff classification of a lower body garment from China.

Dear Ms. Cooper:

In your letter dated January 11, 2008, received in this office on February 22, 2008, on behalf of Smiffy’s, you requested a classification ruling. As requested, the samples will be returned.

The submitted samples are called Styles 30601 Nurse Boyleg Panties, 30222 Nurse Boyleg Panties, Plus Size, 30596 Gothic Boyleg Panties and 30597 Gothic Boyleg Panties, Plus Size.

The Styles 30601 Nurse Boyleg Panties and 30222 Nurse Boyleg Panties, Plus Size are constructed of knit 100% polyester satin fabric with a crotch lining of knit 100% cotton fabric. The woman’s lower body garment, which you refer to as a boyleg panty, is brief-style. It is designed to be seen, is not a short and is not worn as underwear. The garment has four panels, finished waist and leg openings, lattice ribbon at the side seams, satin bows and satin cross patches.

The Styles 30596 Gothic Boyleg Panties and 30597 Gothic Boyleg Panties, Plus Size are constructed of knit 100% polyester velvet fabric with a crotch lining of knit 100% cotton fabric. The woman’s lower body garment, which you refer to as a boyleg panty, is brief-style. It is designed to be seen, is not a short and is not worn as underwear. The garment has four panels, finished waist and leg openings, lattice ribbon at the side seams and satin bows with plastic jewels.

The applicable subheading for the Styles 30601 Nurse Boyleg Panties, 30222 Nurse Boyleg Panties, Plus Size, 30596 Gothic Boyleg Panties and 30597 Gothic Boyleg Panties, Plus Size will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, Other, Women’s or girls’." The rate of duty will be 14.9% ad valorem. The textile category designation is 659.

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/.

With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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