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NY H87727

February 15, 2002

CLA-2-61:RR:NC:TAB:354 H87727


TARIFF NO.: 6108.21.0010; 6109.10.0060

Ms Linda A. Bonventre
Woltmann & Bonventre, Inc.
149-15 177th Street
Jamaica, NY 11434

RE: The tariff classification of brief and tank top from China

Dear Ms. Bonventre:

This letter replaces Ruling NY H87953 dated February 12, 2002, to correct the textile category designation for style 227985 in your classification ruling request on behalf of Bestform, Inc.

Two samples were submitted. Style 227985 is a full cut brief with a solid color front constructed from finely knit 90% cotton 10% spandex fabric and a print color back constructed from 88% cotton 10% spandex 2% nylon knit material. The garment features an elasticized waist, cotton crotch and hemmed leg openings.

Style 228985 is a woman’s tank top constructed from matching fabric both front and back. The garment is sleeveless, extends to the waistline and features a U-neckline in front, a racer back, shoulder straps measuring approximately 1-1/8 inches in width, and a hemmed bottom. A shelf-bra extends completely around the upper portion of the garment.

The applicable subheading for the briefs will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, 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 7.7 percent ad valorem. The applicable subheading for the tank top will be 6109.10.0060, HTS, which provides for t-shirts, singlets, tank tops and similar garments, knitted or crocheted. The rate of duty will be 17.4% ad valorem.

The brief falls within textile category designation 352 the tank top in 339. 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 646-733-3054.


Robert B. Swierupski

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