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NY G80590

September 11, 2000

CLA-2-61:RR:NC:354:TA G80590


TARIFF NO.: 6108.22.9020; 6212.10.9020

Mr. Roger Heumann
Olympia Sports
500 Executive Blvd.
Elmsford, New York 10532

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

Dear Mr. Heumann:

In your letter dated August 10, 2000, you requested a classification ruling.

Two garments were submitted for review. Style 97734-01VW is a ladies’ brassiere constructed of seamed two ply cups with an outer material consisting of leather and a knitted nylon spandex fabric. A three hole lacing on the two center front leather overlay panels secure the garment in place on the wearer. The sides and back of the brassiere are made of a highly stretchable knitted nylon spandex fabric. The brassere also features adjustable shoulder straps which are leather at the front and elastic strips at the back.

Style 97736-01VW is a ladies’ thong styled bikini panty constructed of a highly stretchable knitted nylon spandex fabric. The panty features an elasticized waistband and high cut leg openings, a lined crotch panel, and leather overlays at the hip bone area.

You inquired about the classification of these garments if packaged and sold as a set. Please be advised that Section XI, Note 13 provides that unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale.

The applicable subheading for style 97734-01VW will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Brassieres: other: other . . . of man-made fibers. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for style 97736-01VW will be 6108.22.9020, 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 man-made fibers: other . . . women’s. The duty rate will be 16 percent ad valorem.

Style 97734-01VW falls within textile category designation 649 and style 97736-01VW falls within textile category designation 652. 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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