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April 26, 1999

CLA-2-61:RR:NC:TA:354 E80635


TARIFF NO.: 6108.21.0010; 6109.10.0037

Ms. Elizabeth Hodur
Warnaco Inc.
90 Park Avenue, 12th Floor
New York, New York 10016

RE: The tariff classification of ladies’ garments from Hong Kong.

Dear Ms. Hodur:

In your letter dated March 31, 1999, you requested a classification ruling. The submitted samples will be returned as per your request.

Four garments constructed of a 80% cotton 12% nylon 8% spandex knitted material were provided for review. Style 5823 is a ladies’ underwear crop top featuring shoulder straps less then 2 inches wide and elasticized piping trim around the scooped neckline, T-back and garment bottom.

Style 5523 is a ladies’ bikini panty with a sewn in crotch panel and elasticized piping trim at the waist and around the leg openings. Style 5524 is the thong styled panty version of style 5523.

Style 5023 is a ladies’ full cut panty with a sewn in crotch panel, hemmed leg openings and elasticized piping trim at the waist.

The applicable subheading for style 5823 will be 6109.10.0037, HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of cotton . . . women's or girls': underwear. The rate of duty will be 18.8 percent ad valorem.

The applicable subheading for styles 5523, 5524 and 5023 will be 6108.21.0010, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton: Women's. The duty rate will be 7.8 percent ad valorem.

All styles fall within textile category designation 352. 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 212-637-7083.


Robert B. Swierupski

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