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NY N025973




April 17, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020, 6212.10.9020

Mr. Jorge Zeledon
O’Bryan Brothers Inc.
4256 West Belmont Avenue
Chicago, Illinois 60641-4693

RE: The tariff classification of undergarments from China.

Dear Mr. Zeledon:

In your letter dated April 7, 2008, you requested a classification ruling.

Style #718530 is a woman’s panty brief made up of 95% rayon derived from bamboo and 5% spandex knit fabric. They feature an elasticized waistband and elasticized leg openings, a front and back center seam, and a lining at the crotch.

Style 716530 is a bralette made up of 95% rayon derived from bamboo and 5% spandex knit fabric, with elasticized capping sewn along the top edges of the garment that also extends to form ¼ inch wide adjustable shoulder straps. The soft stretch fabric bralette also features a 1-inch wide elasticized self-fabric hemmed bottom band.

The applicable subheading for style #718530 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, 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 duty rate will be 15.6% ad valorem.

The applicable subheading for style #716530 will be 6212.10.9020, HTSUS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other, of 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 #718530 falls within textile category 652 and style #716530 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

We are unable to rule at this time on style #756330, as the issue of an upper body garment with a shelf bra has been filed with the United States Court of International Trade by several different importers. When all litigation has been concluded you may resubmit your request for a ruling on this item.

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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