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NY D84207

November 9, 1998

CLA-2-62:RR:NC:TA:354 D84207


TARIFF NO.: 6108.22.9020; 6208.22.0000

Ms. Wendy Toner
Cerie Intimates
36 Nathan Lane
Plymouth, MN 55441

RE: The tariff classification of ladies' garments from China.

Dear Ms. Toner:

In your letter dated October 28, 1998, you requested a classification ruling.

Four samples of ladies' garments were submitted for review. Style 98-3105 is a full cut panty made of a 90% nylon 10% spandex raschel lace-like fabric. The panty features four panel construction, an elasticized waistband, hemmed leg openings, and a sewn-in crotch lining.

Style 102-0205 is a full cut panty made of a knitted 92% nylon 8% spandex fabric. The panty features four panel construction, an exposed one inch wide elasticized waistband with "Cerie" embroidered at equal intervals on the outer surface, elasticized edging at the leg openings, and a sewn-in crotch lining.

Style 93-1107 is a sleep romper which is constructed of a woven polyester fabric. The garment features adjustable shoulder straps, a five button front opening, divided legs, and raschel lace-like trim at the bust and at the leg openings. Style 94-1116 consists of two pieces, a babydoll-styled nightdress and a matching bikini panty. The garments are constructed of a woven polyester fabric. The chemise extends to mid-thigh and is open from underneath the bust area to the hem. It features adjustable shoulder straps and raschel-like trim at the bust.

In your letter you also requested the classification of style 94-1116 in a knitted fabric. Please be advised that on wearing apparel ruling requests, we require that a sample be submitted for review in order to determine classification. When the knitted fabric sample is available, it may be submitted for the attention of National Import Specialist 361 Angela DeGaetano. Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for styles 98-3105 and 102-0205 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16.2 percent ad valorem.

The applicable tariff provision for styles 93-1107 and 94-1116 will be 6208.22.0000, HTS, which provides for Women's or girls singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas negligees, bathrobes, dressing gowns and similar articles: nightdresses and pajamas: of man-made fibers. The general rate of duty will be 16.6 percent ad valorem.

Styles 98-3105 and 102-0205 fall within textile category designation 652, and styles 93-1107 and 94-1116 fall within textile category designation 651. 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.


Robert B. Swierupski

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