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NY N024570




April 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.92.005: 6212.20.0020

Ms. Sheri Katz
Teri Lingerie Company, LLC
3261 NW Yeon
Portland, OR 97210

RE: The tariff classification of women’s undergarments from China, Hong Kong, Macau and Philippines.

Dear Ms. Katz:

In your letter dated February 29, 2008, you requested a classification ruling. The samples submitted will be returned.

Your request covered 13 items. However, ruling requests must be limited to a maximum of 5 items in order to be accepted. As the items are of the same class or kind, this ruling will address the submitted garments. You have submitted various styles of women’s undergarments with the brand name “Teri.” All samples feature lined crotch panels, elasticized waistbands and elasticized leg openings.

Style 122A is a woman’s brief styled panty constructed of 100% cotton knit fabric. The panty features side seams and a trim that borders both the elasticized waistband and elasticized leg openings.

Style 1024D is a woman’s bikini styled panty constructed of 95% cotton and 5% spandex knit fabric. The panty features side seams, hemmed leg openings and an elasticized waistband that measures approximately ¾ inches wide.

Style 331 is a woman’s brief styled panty constructed of 100% nylon knit fabric. The panty features side seams, a fabric covered elasticized waistband and trim that borders the elasticized leg openings.

Style 758 is a woman’s fanny padded brief constructed of 90% nylon and 10% spandex knit fabric. The undergarment contains two permanently sewn-in rear foam fanny pads, which create curves of enhancement for the wearer. The boy-leg brief styled panty features fabric covered fanny pads that are bordered by zigzag stitching, a heavily elasticized waistband and heavily elasticized leg openings that both measure approximately ¾ inches wide, and side seams.

Style 40504 is a woman’s brief styled panty constructed of 82% nylon and 18% spandex knit fabric. The undergarment features a small satin bow sewn onto the front center top of the waistband, a fabric covered elasticized waistband, fabric covered high cut elasticized leg openings, side seams and a trim that borders both the waistband and leg openings. The four-panel garment also features two front side panels that have decorative designs.

Style 42904W is a woman’s brief styled panty constructed of 95% nylon and 5% spandex knit fabric featuring raschel lace-like fabric on either side of the front panel. The undergarment also features trim that borders the fabric covered elasticized waistband and fabric covered elasticized high cut leg openings, and side seams.

Style 883417 is a woman’s boy- leg styled panty constructed of a sheer 92% nylon and 8% spandex knit fabric. The lightweight undergarment features a hemmed bottom, front and back center seams, and a trim that borders the fabric covered elasticized waistband.

Style 340XA is a woman’s panty girdle constructed of 86% nylon and 14% spandex knit fabric. The undergarment features an embroidered two-ply constructed front center control panel, a fabric covered elasticized waistband, elasticized high cut leg openings, a small satin bow sewn onto the front center top of the waistband and side seams.

Style 754 is a woman’s panty girdle constructed of 95% nylon 5% spandex knit fabric. The undergarment features a two-ply constructed front center control panel, a fabric covered heavily elasticized waistband measuring approximately ¾ inches wide, fabric covered elasticized leg openings , a small satin bow sewn onto the front center top of the waistband, side seams, a back center seam, and trim that borders both the waistband and leg openings.

Style 40604 is a woman’s panty girdle constructed of 90% nylon 10% spandex knit fabric. The undergarment features a sheer knitted net fabric insert which has a center control panel that is two-ply constructed, a fabric covered heavily elasticized waistband measuring approximately ¾ inches wide, elasticized leg openings, and a back center elasticized seam. In addition, the rear portion of the undergarment features a sheer knitted net fabric with an elasticized center seam that provides a shirred effect.

Style 40693 is a woman’s panty girdle constructed of 90% nylon 10% spandex knit satin fabric. The undergarment features a two-ply constructed front center control panel, a fabric covered heavily elasticized waistband measuring approximately 3/4 inches wide, fabric covered elasticized leg openings, side seams, a back center seam, and trim that borders both the waistband and leg openings.

Style 40596 is a woman’s brief styled panty constructed of 90% nylon 10% spandex knit satin fabric. The front of the garment is overlaid with raschel lace-like fabric. The undergarment features a fabric covered elasticized waistband measuring approximately 1/2 inch wide, fabric covered elasticized leg openings, side seams, a front and back center seam, and trim that borders both the waistband and leg openings.

Style 40882 is a woman’s panty girdle constructed of 95% nylon and 5% spandex knit satin fabric The undergarment features a two-ply constructed front center control panel which is overlaid with embroidered eyelet fabric, a fabric covered heavily elasticized waistband measuring approximately ¾ inches wide, fabric covered high cut elasticized leg openings, a small satin bow sewn onto the front center top of the waistband, side seams, an elasticized back center seam, and trim that borders both the waistband and leg openings.

The applicable subheading for styles 122A, 331, 1024D, 40504, 40596, and 42904W 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

The applicable subheading for styles 758 and 883417 will be 6108.92.0005, HTSUS, which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibersunderwear: underpants. The duty rate will be 16% ad valorem.

The applicable subheading for styles 340XA, 754, 40604, 40693, and 40882 will be 6212.20.0020, 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: girdles and panty-girdles, of man-made fibers. The duty rate will be 20 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 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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