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NY F83291

March 8, 2000

CLA-2-61:RR:NC:TA:354 F83291


TARIFF NO.: 6108.21.0010; 6109.10.0060

Mr. Bill Julich

Delmar International

147-55 175 Street
Jamaica, New York 11434

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

Dear Mr.Julich:

In your letter dated February 14, 2000, you requested a classification ruling on behalf of Jonathan K. Lingerie DBA Planet Lingerie. The provided samples will be returned as per your request.

Style “ASN-CMT” is the submitted sample for which you have requested a classification ruling. The sample consists of a coordinating ladies 100% cotton knit tank top and panty which you have indicated will be sold in a variety of colors, prints and patterns.

The style “ASN-CMT” tank top features an embroidery design centered at the bust area, 1/4 inch wide elastic shoulder straps, elasticized trim at the scoop neckline in front and back and also around the armholes, and a hemmed bottom.

The style “ASN-CMT” thong styled bikini panty features an elasticized waistband and leg openings, a lined crotch panel, and an embroidery design centered below the front waistband.

The applicable subheading for the style “ASN-CMT” tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (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 18.3 percent ad valorem.

The applicable subheading for the style “ASN-CMT” bikini panty 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.

The style “ASN-CMT” tank top falls within textile category designation 339, and the style “ASN-CMT” bikini panty 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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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