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NY I85625

September 25, 2002

CLA-2-62:RR:NC:TA:354 I85625


TARIFF NO.: 6108.22.9020; 6108.92.0015; 6212.30.0020

Mr. John Lee
Ace Style Intimate Apparel Inc
183 Madison Avenue
Suite 1400
New York, New York 10016

RE: The tariff classification of women’s garments from China or the Philippines.

Dear Mr. Lee:

In your letter dated August 26, 2002, you requested a classification ruling. The provided samples will be returned as per your request.

Five samples were provided for review. Style 72985 is a waist cincher (corset) constructed of a 87% nylon 13% spandex knitted fabric which is trimmed at the garment bottom with raschel lace-like fabric. The garment has two front vertical stays measuring approximately 11 inches, two side vertical stays measuring approximately 7-3/4 inches, and two back vertical stays measuring approximately 12 inches. Additional features include ten double hook and eye rear closures and elasticized raschel lace-like trimmed garter straps are sewn at the bottom of the garment.

Style 72984 is a tap panty constructed of a translucent 100% nylon raschel lace-like fabric. A woven fabric thong is sewn to the elasticized waist of the panty. The panty features vented side seams at the lower leg openings and two bows sewn at the garment front

Style 72971 is an undergarment constructed of two panels of 96% nylon 4% spandex knitted fabric sewn to the narrow elastic waist. The sample features a sheer fabric inner thong sewn to the waist, silk chiffon trim at the bottom and four elasticized garter straps.

Style 72852 is an undergarment constructed with two open front panels of translucent 74% nylon 15% elastane 11% viscose raschel lace-like fabric and a back panel made of a 72% nylon 15% elastane 13% viscose raschel lace-like fabric sewn to the narrow elastic waist. The sample features an inner thong sewn to the waist made with a raschel lace-like fabric front panel and four adjustable removable elasticized garter straps sewn to the waist.

Style 72986 is a tap panty constructed of a 87% nylon 13% spandex knitted fabric. The garment bottom trim and an overlapping quarter panel at the front right side are made of a raschel lace-like fabric. The garment also features an elasticized waist and a sewn-in crotch panel.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for style 72985 will be 6212.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Corsets . . . of man-made. The duty rate will be 23.8 percent ad valorem.

The applicable subheading for styles 72984 and 72986 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The duty rate will be 15.8 percent ad valorem.

The applicable subheading for styles 72971 and 72852 will be 6108.92.0015, 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 man-made fibers . . . underwear: other: women’s. The rate of duty will be 16.2 percent ad valorem.

Styles 72984, 72986, 72971 and 72852 fall within textile category designation 652. Based upon international textile trade agreements products of China and the Philippines 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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