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NY 852906

June 22, 1990

CLA-2-61:S:N:N3H:354 852906


TARIFF NO.: 6108.91.0015

Mr. Stephen M. Zelman
271 Madison Avenue
New York, NY 10016

RE: The tariff classification of a cotton knit teddy from China.

Dear Mr. Zelman:

In your letter dated May 23, 1990, on behalf of Craftex Creations, Inc. you requested a classification ruling. The sample is being returned to you, as requested.

The submitted sample, style 31309, is a knit 100% cotton teddy. The garment features two inch wide straps and is trimmed around the armholes, neck and front opening with a 1/8" wide edging of raschel knit fabric. The front opening may be tightened by means of a narrow piece of textile fabric. The teddy has a three snap closure at the crotch.

The term "underwear" is considered to be any garment of an intimate nature, not seen, and worn under an outergarment, in the interest of modesty or comfort. It is also generally agreed that underwear is not for public exposure.

The applicable subheading for the style 31309 will be 6108.91.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, articles, knitted or crocheted: other: of cotton... underwear: other: women's. The duty rate will be 9 percent ad valorem.

Style 31309 falls within textile category designation 352. Based upon international textile trade agreements, products of China are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.


Jean F. Maguire
Area Director

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