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NY A88777

November 1, 1996

CLA-2-61:RR:NC:WA:354 A88777


TARIFF NO.: 6108.91.0015

Mr. William F. Sullivan
MSAS Customs Logistics Inc.
248-06 Rockaway Boulevard
Jamaica, New York 11422

RE: The tariff classification of a women's underwear bodysuit from China.

Dear Mr. Sullivan:

In your letter dated October 22, 1996, filed on behalf of Newport News, Inc., you requested a classification ruling. Your sample is being returned with this ruling letter per your request.

The submitted sample, style L1267, is a women's underwear bodysuit featuring a 100% silk woven embroidered bodice and a 95% cotton/5% spandex knit bottom. The garment features adjustable spaghetti straps and a three snap closure on the lined crotch. The essential character is imparted by the knit portion.

The applicable subheading for style L1267 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, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of cotton . . . underwear: other: women's. The duty rate will be 8.9 percent ad valorem.

Style L1267 falls within textile category designation 352. 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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