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NY 818571

February 23, 1996

CLA-2-61:RR:NC:WA:354 818571


TARIFF NO.: 6108.99.5013

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: The tariff classification of ladies' knit silk underpants from China

Dear Mr. Unger:

In your letter dated January 26, 1996, you requested a classification ruling.

Style 262 is a ladies' underpant constructed of finely knit 95% silk 5% spandex fabric. The long john style garment has an enclosed elastic waistband and tapered legs with hemmed bottoms.

In PC 812349 this garment was inadvertently classified under the tariff provisions for men's garments.

The correct subheading for style 262 will be 6108.99.5013, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, . . . and similar articles, knitted or crocheted: other: of other textile materials: containing 70 percent or more by weight of silk or silk waste, underwear. The duty rate will be 3.3 percent ad valorem.

The garment falls within textile category designation 752. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

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 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 Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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