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NY N023713




March 17, 2008

CLA-2-62:OT:RR:NC:TA:354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Ms. Tami Shaw
Abercrombie & Fitch Trading Company
6301 Fitch Path
New Albany, OH 43054

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

Dear Ms. Shaw:

In your letter dated February 19, 2008, you requested a classification ruling. The sample submitted will be returned.

The submitted sample, style 5B0266, is a bralette constructed of two-ply 92% nylon and 8% spandex knit fabric. The undergarment features an elasticized top and bottom band, thin adjustable elasticized shoulder straps, side seams, and a small “Gilly Hicks” trademark label sewn onto the bottom front band. The size of the bralette is noted as 34B on the attached hangtag.

The applicable subheading for style 5B0266 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: otherof man-made fibers. The duty rate will be 16.9% 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 5B0266 falls within textile category 649. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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