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NY N023974





March 20, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.90.1065

Anthony LoPresti
S.J.Stile Associates LTD
181 South Franklin Avenue
Valley Stream, NY 11581

RE: The tariff classification of women’s undergarments from China.

Dear Mr. LoPresti:

In your letter dated February 25, 2008, you requested a classification ruling on behalf of your client Direct Resourcing Incorporated. The provided samples will be returned.

Style 528 (528X for large sizes) is an underwear camisole constructed of lightweight 100% nylon knit fabric. The garment is supported on the body by adjustable shoulder straps and covers the torso from the top of the bust to the waist. The garment features a scalloped V-styled front, a lace-like trim that borders the top and bottom, and side seams.

Style 440 (440X for large sizes) is an underwear camisole constructed of lightweight 100% nylon knit fabric. The garment is supported on the body by adjustable shoulder straps and covers the torso from the top of the bust to the waist. The garment features a lace-like trim that borders the top of the V-styled front, sides and back. The five paneled garment also features a lace-like trimmed bottom.

Style 250 (250X for large sizes) is an underwear camisole constructed of lightweight 100% nylon knit fabric. The garment is supported on the body by elasticized lace-like fabric that extends from the V-styled front and back to form shoulder straps and covers the torso from the top of the bust to the waist. The garment features a horizontal back seam, side seams, lace-like trim at the elasticized arm openings, and a hemmed bottom.

The applicable subheading for styles 528X, 440X and 250X will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of other textile materials: of made-made fiber: women’s or girls’: tank tops and singlets: women’s. The duty rate will be 32 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/.

Styles 528X, 440X and 250X fall within textile category 639. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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