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NY H82204

June 8, 2001

CLA-2-61:RR:NC:TAB:354 H82204


TARIFF NO.: 6108.21.0010

Ms. Yvonne S. Chesson
Galaxy Freight Service
153-02 Baisley Blvd.
Jamaica, NY 11434

RE: The tariff classification of ladies underwear from Hong Kong

Dear Ms. Chesson:

In your letter dated May 31, 2001, on behalf of Panties Plus, you requested a classification ruling.

Style HL-1350 is a panty made with 95% cotton 5% spandex knit fabric full cut back panel, pieced in crotch and a 100% polyester knit front. The garment features an elasticized waistband, elasticized leg openings and sewn-in cotton gusset. The knit cotton fabric panels exceed 60% of the surface area and impart the essential character of this garment

The applicable subheading for the panty will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, 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 panty falls 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 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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