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NY H84444

August 22, 2001

CLA-2-61:RR:NC:TAB:354 H84444


TARIFF NO.: 6108.22.9020; 6109.90.1065

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, Michigan 48084-3163

RE: The tariff classification of a ladies camisole and panty from Taiwan.

Dear Ms. Coats:

In your letter dated August 7, 2001, you requested a classification ruling.

Style 3763 is a singlet constructed from a finely knit 100% nylon fabric. The translucent garment features elasticized spaghetti shoulder straps that extend to form capped armholes, elasticized capping on the round front neckline and curved back and side seams. Style 3759 is a bikini style panty made from the same material. The panty has a sewn-in crotch and elasticized capping at the waist and leg openings.

The applicable subheading for style 3763 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers, women’s or girls’: tank tops and singlets: women’s. The duty rate will be 32.6 percent ad valorem.

The applicable subheading for the panty will be 6108.22.9020, 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 made-made fibers: other, women’s. The duty rate will be 15.9 percent ad valorem.

The singlet falls within textile category designation 639, the panties in category 652. Based upon international textile trade agreements products of Taiwan 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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