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NY J86840




August 13, 2003

CLA-2-61:RR:NC:TA:354 J86840

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0005; 6109.90.1065

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Avenue, Suite 200
Atlanta, Georgia 30354

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

Dear Mr. Keller:

In your letter dated July 21, 2003, you requested a classification ruling on behalf of Maidenform, Inc.

Two samples were submitted for review. Style RT CS228/2 is a women’s camisole constructed of a 80% nylon 20% spandex knitted fabric. The garment features shaped cup underwire support, adjustable elasticized shoulder straps measuring approximately 1/2-inch wide, side seams, elasticized edging across the top of the back and sides of the garment, and a hemmed bottom.

Style 77326 is a pair of women’s underpants constructed of a 80% nylon 20% spandex knitted fabric. The underpants feature a hemmed boy leg bottom and a fabric covered elasticized waistband.

Boy leg bottom styled underwear for women are considered underpants in 6108.92.0005, HTS. Therefore, your assertion that style 77326 be classified as a brief or panty under 6108.22.9020, HTS, is not applicable.

The applicable subheading for style RT CS228/2 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32.2 percent ad valorem.

The applicable subheading for Style 77326 will 6108.92.0005, 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: underpants. The rate of duty will be 16.1 percent ad valorem.

Style RT CS228/2 falls within textile category designation 639 and style 77326 falls within textile category designation 652. Based upon international textile trade agreements products of Indonesia 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.

Sincerely,

Robert B. Swierupski
Director,

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