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NY J86754

August 8, 2003

CLA-2-61:RR:NC:TAB:354 J86754


TARIFF NO.: 6108.22.9020

Ms. Jane Vergona
Total Port Clearance Inc.
10 Fifth Avenue
Valley Stream, NY 11581

RE: The tariff classification of ladies’ knit briefs from Macau

Dear Ms. Vergona:

In your letter dated July 15, 2003, on behalf of Van Mar Inc. you requested a classification ruling. The sample will be returned to you as requested.

Style 2953788 is a women’s brief composed of 73% nylon 15% metallic and 12% spandex knit fabric. The lace-like openwork fabric garment has a gusset, center seams and scalloped waist and leg openings.

In your opinion the garment is classified in HTS 6108.29.9000, we disagree. The metallic yarn is not distributed throughout the garment’s entire fabric, it is only found around the top and bottom edge of the garment. The item is in chief weight of man-made fibers.

The applicable subheading for the brief will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s or girls’ slips, petticoats, briefs, panties . . . and similar garments, knitted or crocheted: briefs and panties: of man made fibers: other, women’s. The duty rate will be 15.7 percent ad valorem.

Style 2953788 falls within textile category designation 652. Based upon international textile trade agreements products of Macau 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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