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NY I80052

April 16, 2002

CLA-2-61:RR:NC:TA:354 I80052


TARIFF NO.: 6108.21.0010; 6109.10.0060

Ms. Cicki Wallertz
Newport News Inc.
711 Third Avenue
New York, New York 10017

RE: The tariff classification of women’s garments from Peru.

Dear Ms. Wallertz:

In your letter dated March 28, 2002, you requested a classification ruling. The provided samples will be returned as per your request.

Style F02-07-037 consists of a women’s tank top, a bikini panty, and a thong-styled bikini panty. All garments are constructed of a knitted cotton fabric. The tank top features a v-neckline at the front and u-neckline at the back, shoulder straps measuring less then 2-inches wide and a hemmed bottom. Both panties feature elasticized waistbands and high cut elasticized leg openings.

The applicable subheading for the tank top will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton . . . Women’s or girls’: Tank tops: Women’s. The duty rate will be 17.4 percent ad valorem.

The applicable subheading for the panties will be 6108.21.0010, 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 7.7 percent ad valorem.

The style F02-07-037 tank top falls within textile category designation 339 and the style F02-07-037 panties fall within textile category designation 352. Based upon international textile trade agreements products of Peru are subject to 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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