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NY I89882




January 28, 2003

CLA-2-62:RR:NC:TA:354 I89882

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.30.0020; 6114.20.0010

Ms. Barbara Clausen
FedEx Trade Networks Transport & Brokerage, Inc. 205 West Service Road
Champlain, New York 12919

RE: The tariff classification of women’s garments from China and India.

Dear Ms. Clausen:

In your letter dated January 13, 2003, you requested a classification ruling on behalf of La Senza Lingerie, Inc. The provided samples will be returned as per your request.

Five samples were provided for review. Style 30406-0282 is a top constructed of 95% cotton 5% spandex knitted fabric. The garment features a V-neckline in front, an upper back that is cut straight across from side seam to side seam with 1/4 inch straps, inner underwire support, and a hemmed bottom. The country of manufacture is China.

Style 30241-0016 is a top constructed of 95% cotton 5% spandex knitted fabric. The garment features a modified U-shape neckline in front, an upper back that is essentially cut straight across from side seam to side seam with 1/4 inch elasticized straps, an inner shelf bra lining, and a hemmed bottom. The country of manufacture is India.

Style 30266-0031 consists of a ladies’ corset and matching bikini composed of a 90% polyester 10% spandex knitted fabric. The corset features raschel-knit lace-like fabric underwire cups with inner pockets for the insertion of removable pads. The seven-panel garment features six stays varying in length from approximately 7 inches to 9-1/2 inches in length, a 10 hook and eye bra-style front closure, adjustable shoulder straps with raschel-knit lace-like fabric trim, removable adjustable garter straps and raschel lace-like trim at the bottom of the garment. It is designed to shape the torso from the bust to the waist. The bikini panty features an elasticized waistband, high cut elasticized leg openings and a lined crotch panel. The country of manufacture is China.

Style 30266-0036 is a ladies’ corset composed of a 90% polyester 10% spandex velvet fabric. The corset features underwire cups with inner pockets for the insertion of removable pads. The nine-panel garment features ten stays varying in length from approximately 9 inches to 12 inches in length, a 12 hook and eye bra-style rear closure, and 12 rows of eyes with ribbon lacing extending down the middle of each bust to the garment bottom. It is designed to shape the torso from the top of the bust to the waist. The country of manufacture is China.

Style 30266-0029 is a ladies’ corset composed of a 90% polyester 10% spandex velvet fabric. The ten-panel garment features eight stays varying in length from approximately 12 inches to 14 inches in length, a 15 hook and eye bra-style front closure, 12 rows of eyes that are laced with a ribbon tightener at the center rear, and removable adjustable garter straps. It is designed to shape the torso from below the bust to bottom of the stomach. The country of manufacture is China.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

The applicable subheading for the styles 30406-0282 and 30241-0016 will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for Other garments, knitted or crocheted: of cotton . . . Tops: Women’s or girls’. The duty rate will be 10.9 percent ad valorem.

The applicable subheading for styles 30266-0036, 30266-0029, and 30266-0031 (corset) will be 6212.30.0020, 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 23.6 percent ad valorem.

The applicable subheading for style 30266-0031 (panty) 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 15.7 percent ad valorem.

Styles 30406-0282 and 30241-0016 fall within textile category designation 339. The 30266-0031 panty falls within textile category designation 652. Based upon international textile trade agreements products of India and China within textile category designations 339 and 652 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.

Sincerely,

Robert B. Swierupski
Director,

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