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NY K87868

August 6, 2004
CLA-2-61:RR:NC:TA:354 K87868


TARIFF NO.: 6108.22.9020; 6109.90.1065

Ms. Cynthia Tindale
International Intimates Inc.
180 Madison Avenue, 7th Floor
New York, New York 10016

RE: The tariff classification of women’s apparel from Sri Lanka.

Dear Ms. Tindale:

In your letter dated July 15, 2004, you requested a classification ruling. The provided samples will be returned as per your request.

Two samples of Victoria’s Secret Stores merchandise were submitted for review. Style 415-2152 is a women’s underwear camisole constructed of a nylon mesh. Raschel lace like fabric trim is found at the garment bottom and down slits in the bust area. The v-neck camisole features elasticized capping at the top edges that extends to form adjustable shoulder straps, ribbon ties at the slit openings, and side seams.

Style 477-4016 is a women’s panty constructed of a 60% nylon 24% rayon 16% spandex raschel lace like fabric featuring an waistband with a scalloped bottom and a open crotch.

Upper body underwear garments are properly classified under HTS, 6109.90.1065, therefore, your suggestion for classification of Style 415-2152 under HTS, 6108.92.0015 is not applicable.

The applicable subheading for Style 415-2152 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 Style 477-4016 will be 6108.22.9020, HTS, which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: of man-made fibers: Other . . . Women’s. The rate of duty will be 15.6 percent ad valorem.

Style 415-2152 falls within textile category designation 639 and Style 477-4016 falls within textile category designation 652. Based upon international textile trade agreements products of Sri Lanka 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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