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NY K85672




May 20, 2004
CLA-2-61:RR:NC:TA:354 K85672

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.32.0010; 6108.92.0015; 6109.90.1065; 6109.90.1090

Ms. Lyn Antunes
Norman Krieger, Inc.
5761 W. Imperial Hwy.
Los Angeles, CA 90045

RE: The tariff classification of ladies’ garments from China and Hong Kong.

Dear Ms. Antunes:

In your letter dated April 27, 2004, you requested a classification ruling on behalf of Lovin Enterprises Inc. DBA Dreamgirl International. The provided samples will be returned as per your request.

Style 3474 consists of a women’s camisole and thong-styled bikini panty constructed of an open-work raschel knit lace-like polyester fabric. The v-neck camisole features a scallop edge at the garment top and bottom, and adjustable shoulder straps. The thong-styled bikini panty features an elasticized waistband and leg openings, and a lined crotch panel.

Style 2138 consists of a women’s crop-styled camisole and bikini panty constructed of a floral printed polyester mesh fabric. The crop-styled camisole features elasticized trim at the garment top and bottom, and a center front tie. The bikini panty features an elasticized waistband with an open crotch and open back seam.

Style 3269 is a women’s teddy constructed of a 85% nylon 15% spandex fishnet fabric. The garment features adjustable shoulder straps, raschel lace-like fabric trim at the top of the garment and at the leg openings, a thong-styled back, and a snap crotch closure.

Style 3256 is a women’s two piece pajama made from an embroidered mesh 90% polyester 10% rayon fabric. The upper portion consists of a chemise styled garment with a v-shaped neckline and trimmed elasticized spaghetti straps. The garment extends to the middle of the thigh and has a ruffled lace bottom. The bottom garment is a thong-styled panty.

The applicable subheading for the style 3474 camisole 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 percent ad valorem.

The applicable subheading for styles 3474 and 2138 panties 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 15.6 percent ad valorem.

The applicable subheading for style 2138 crop-styled camisole will be 6109.90.1090, HTS, which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Other. The duty rate will be 32 percent ad valorem.

The applicable subheading for style 3269 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 percent ad valorem.

The applicable subheading for style 3256 will be 6108.32.0010, HTS, which provides for Women's or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas . . ., knitted or crocheted: Nightdresses and pajamas: of man-made fibers . . . Women’s. The duty rate will be 16 percent ad valorem.

The Style 3474 camisole and Style 2138 crop-styled camisole fall within textile category designation 639. The Style 3474 and 2138 panties and Style 3269 falls within textile category designation 652. Style 3256 falls within textile category designation 651. Based upon international textile trade agreements products of China and Hong Kong 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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