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NY A81407

April 9, 1996

CLA-2-61:RR:NC:WA:354 A81407


TARIFF NO.: 6108.22.9020; 6212.10.9020

Mr. Kevin Maher
C-Air Customhouse Brokers Inc.
153-66 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of ladies' knit garments from Hong Kong

Dear Mr. Maher:

In your letter dated March 14, 1996, on behalf of Ben Elias Industries, you requested a classification ruling. As requested the samples are being returned to you.

Style 90113 consists of a brassiere and matching panties. The garments are constructed from 90% polyester 10% spandex knit fabric. The bra features four-piece (two quilted two plain) underwired cups, a four hook and eye back closure, adjustable shoulder straps and two quilted panels at the front. The panties feature elasticized leg openings and waistband, quilted inserts at the front and a separate sewn in crotch panel

The applicable subheading for the brassiere will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, . . . and similar articles . . whether or not knitted or crocheted: brassieres: other: other, of man-made fibers. The duty rate will be 17.8 percent ad valorem.

The applicable tariff provision for the panties will be 6108.22.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The duty rate will be 16.5 percent ad valorem.

The brassiere falls within textile category designation 649 the panties in 652. Based upon international textile trade agreements products of Hong Kong 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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