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NY L87385




September 13, 2005

CLA-2-61:RR:NC:WA:361 NY L87385

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015; 6109.90.1065; 6114.30.1020

Ms. Sara Gradilla
R.L. Jones Customhouse Brokers
P.O. Box 488
St. Luis, Arizona 85349

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

Dear Ms. Gradilla:

In your letter dated August 11, 2005, you requested a classification ruling for various women’s knit garments, on behalf of Fantasy Lingerie. Five styles were submitted with your request.

Style 4059 consists of a top and a matching g-string styled panty constructed from 100 percent nylon knit mesh fabric. The top has elasticized shoulder straps, formed cups, a front and back panel attached only at the top, and a plain, hemmed bottom. The upper edge of the back panel extends straight across from side seam to side seam, exposing the upper half of the back. The G-string has matching fabric front, an elasticized waistband and elasticized G-string.

Style 4101 consists of a top and a matching g-string styled panty constructed from 100 percent nylon knit mesh fabric. The top has elasticized shoulder straps, a square neckline in front, and overlock stitching finishing the bottom. The upper edge of the back panel extends straight across from side seam to side seam, exposing the upper half of the back. The G-string has matching fabric front, an elasticized waistband and elasticized G-string.

Style 8272 consists of a printed 100% nylon knitted mesh fabric ladies camisole with a matching G-string styled panty. The camisole features side seams, a hemmed bottom, and elasticized capping on the neckline, shoulder straps and armholes. The matching G-string styled panty features a printed 100% nylon knitted mesh fabric front, an elasticized waistband, and elasticized G-string.

Style 9108 consists of a halter and a matching g-string styled panty constructed from 100 percent nylon knit mesh fabric. The halter has straps that hook behind the neck, formed cups with an elastic strip two inches long between the cups, and three separate long panels that extend from the waist level elastic strip to the ankles. The G-string has matching fabric front, an elasticized waistband and elasticized G-string.

Style 8302 consists of a top and a matching g-string styled panty constructed from 100 percent nylon knit mesh fabric. The top has elasticized, adjustable shoulder straps, formed cups trimmed with fringe, a front panel and back panel that are only connected at the top of the panels at each side, and the bottom and side edges finished with knit openwork fabric. The G-string has matching fabric front, an elasticized waistband and elasticized G-string.

Although all of the styles are composed of two garments, each garment will be classified separately as required by note 13 to Section XI of the, Harmonized Tariff Schedule of the United States (HTS). That note states: Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale. For the purposes of this note, the expression "textile garments" means garments of headings 6101 to 6114 and headings 6201 to 6211.

The applicable subheading for the style 8272 camisole will be 6109.90.1065, 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 the tops of styles 4059, 4101, 9108 and 8302 will be 6114.30.1020, HTS, which provides for Other garments knitted or crocheted, of man-made fibers, tops, women’s. The duty rate will be 28.2 percent ad valorem.

The applicable subheading for the G-string styled panties of styles 4059, 4101, 8272, 9108 and 8302 will be 6108.92.0015, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: underwear: other: women’s. The duty rate will be 16 percent ad valorem.

The tops of styles 4059, 4101, 8272, 9108 and 8302 fall within textile category designation 639; the G-string styled panties of styles 4059, 4101, 8272, 9108 and 8302 fall within textile category designation 652. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Angela De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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