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NY 818152

February 2, 1996

CLA-2-62:RR:NC:WA: 354 818152


TARIFF NO.: 6108.22.9020; 6212.20.0020; 6109.10.0037

Ms. Mary B. Applegate
NCC Industries, Inc.
P.O. Box 5428
Cortland, NY 13045

RE: The tariff classification of a panty girdle and underwear from the Dominican Republic.

Dear Ms. Applegate:

In your letter dated January 5, 1996, you requested a classification ruling.

You have submitted three samples. Style 3192(750N088), is a knit brief made from a 90% nylon 10% lycra knit material. The garment has a 2 inch wide "lace" fabric edging on the front of the hi-cut leg openings, the remainder of the leg openings are elasticized. In addition, the brief features an elasticized waist, a tiny bow in the middle of the waist and a cotton crotch. Style 3767 (401-195) is a panty girdle (brief) made from 80% nylon and 20% spandex knit fabric. The garment features a highly elasticized waistband, an inverted tulip shaped two ply control panel at the front, a center back seam, a cotton crotch and elasticized leg openings with a lace trim.

Style 006, is a finely knit translucent 100% cotton women's undershirt. The sleeveless garment features a t-back and a hemmed bottom.

The applicable subheading for style 3192 (750N088), will be 6108.22.9020, Harmonized Tariff Schedule (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, . . . and similar articles, knitted or crocheted: briefs and panties: of man-made fibers: other, women's. duty rate will be 16.4 percent ad valorem.

The applicable subheading for style 3767 (401-195), will be 6212.20.0020, HTS, 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 fiber. The duty rate will be 24 percent ad valorem.

The applicable subheading for style 006, will be 6109.10.0037 HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton, women's or girls': underwear. The duty rate will be 20.1 percent ad valorem.

Style 3192 falls within textile category designation 652. Style 3767 falls within textile category 649. Style 006 falls within textile category 352. Based upon international textile trade agreements products of the Dominican Republic are subject to the requirement of a visa and categories 652 and 352 are also subject to quota restraints.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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