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NY C80348

October 30, 1997

CLA-2-61:RR:NC:TA:354 C80348


TARIFF NO.: 6108.91.0005

Ms. Catherine L. Holmes
A.W. Fenton Company Inc.
1157 Rarig Avenue
Columbus, Ohio 43219-2357

RE: The tariff classification of women's garments from Hong Kong.

Dear Holmes:

In your letter dated October 6, 1997, you requested a classification ruling on behalf of Lane Bryant Inc. The sample garments will be returned as per your request.

Two samples were submitted for review. Style 2018 is a boy leg underpant constructed of a 95% cotton 5% spandex knitted fabric. The underpant features a fabric covered 1 inch wide elasticized waistband and a hemmed bottom.

Style 2016 is a tank top constructed of a 95% cotton 5% spandex knitted fabric with a "hidden bra shelf". The tank top also features 3/4 inch shoulder straps, a modified U shaped neckline in front and back and a plain, hemmed bottom.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names on the marking of textile products.

The applicable subheading for style 2018 will be 6108.91.0005, 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: underpants. The duty rate will be 8.8 percent ad valorem.

The applicable subheading for style 2016 will be 6109.10.0060, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton . . . Women's or girls': Other: Tank tops: Women's. The duty rate will be 19.6 percent ad valorem.

Style 2018 falls within textile category designation 352, and style 2016 falls within textile category designation 359. 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.


Robert B. Swierupski

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