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NY G85455




January 4, 2001

CLA-2-61:RR:NC:TA:354 G85455

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.21.0010; 6108.91.0005; 6212.10.9010

Ms. Michelle Hall
Federated Merchandising Group
1440 Broadway
New York, New York 10018

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

Dear Ms. Hall:

In your letter dated December 14, 2000, you requested a classification ruling. The provided samples will be returned as per your request.

Nine samples were provided for review. Style 2B948 is a ladies’ knitted 100% cotton short underpants. The garment features a ¾ inch wide exposed elasticized waistband with “aeropostale” embroidered in equal intervals on the outer surface, a closed fly front, and a hemmed bottom with side vents.

Style 2B940 is an unconstructed brassiere made of a 100% cotton knitted fabric with a two ply front panel. The item features adjustable elasticized straps, an exposed heavily elasticized bottom band measuring approximately ¾ inch wide with “aeropostale” embroidered in equal intervals on the outer surface, and elasticized capping around the top of the garment.

Style 2B943 is the same garment as style 2B940, with the exception of a fabric covered heavily elasticized bottom band measuring approximately ½ inch wide.

Style 2B941 is a ladies’ bikini panty made of a 100% cotton knitted fabric. The garment features an exposed elasticized waistband measuring approximately ¾ inch wide with “aeropostale” embroidered in equal intervals on the outer surface, and elasticized capping at the high cut leg openings.

Style 2B944 is a ladies’ bikini panty made of a 100% cotton knitted fabric. The garment features an elasticized waistband and elasticized capping at the high cut leg openings. Style 2B946 is a ladies’ string bikini panty version of style 2B944.

Without actual samples in all colors and patterns of styles 2B947, 2B956, and 2B942/2B945, we are unable to classify these garments. Accordingly, please provide style samples in all colors and patterns that will be available for sale.

The applicable subheading for style 2B948 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 8.6 percent ad valorem.

The applicable subheading for styles 2B940 and 2B943 will be 6212.10.9010, 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 cotton. The rate of duty will be 17.2 percent ad valorem.

The applicable subheading for styles 2B941, 2B944, and 2B946 will be 6108.21.0010, 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: briefs and panties: of cotton . . . women’s. The duty rate will be 7.8 percent ad valorem.

Style 2B948, 2B941, 2B944, and 2B946 fall within textile category designation 352. Based upon international textile trade agreements products of Hong Kong within textile category designation 352 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.

Sincerely,

Robert B. Swierupski
Director,

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