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NY L87386




September 15, 2005

CLA-2-61:RR:NC:TA:354 L87386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6108.92.0015; 6109.90.1065; 6211.43.0091; 6212.10.9020; 6212.90.0030; 6117.80.9540

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

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

Dear Ms. Gradilla:

In your letter dated August 11, 2005, you requested a classification ruling on behalf of Fantasy Lingerie.

Five samples were provided for review. Style 2028 is an accessory item constructed of printed 100% nylon knitted mesh fabric that covers the area from the elbow down past the wrist. The item measures approximately 17-1/2 inches in length and does not cover the fingers. The item has an elastic loop for the forefinger and is elastic trimmed at the top and bottom. Style 2028 falls within textile category designation 659.

Style 8268 consists of a ladies bralette and matching lower body garment. The bralette features seamed v-shaped soft fabric cups made of 100% nylon open work knitted fabric with laid in yarns forming a floral design, an elasticized halter-neck strap, and an elasticized band that extends from the lower sides of the cups across the back. The lower body garment has a top panel measuring approximately 6-1/2 inches in length made of a 100% nylon open work knitted fabric with laid in yarns forming a floral design. Two flyaway lower panels are constructed of a sheer animal print 100% woven polyester fabric. The lower panels are handkerchief styled measuring approximately 7-1/4 inches at the shortest point and approximately 27 inches at the longest point. Although shaped like a skirt, the garment does not provide sufficient coverage. Because the garment is constructed of both knitted and woven components we apply GRI 3 (b), which states that garments will be classified by the component which gives them their essential character. In this case, because the woven fabric component exceeds 60 percent of the visible surface area, that is the component which imparts the essential character to the garment. The bralette falls within textile category designation 649 and the lower body garment falls within textile category designation 659.

Style 9138 consists of a 100% nylon mesh fabric ladies open bottom bodysuit-styled undergarment with a matching G-string styled panty. Four garter straps, to attach and support stockings are sewn at the garment bottom. The undergarment features a halter neck strap, a low cut bust area, a cutout front panel with elasticized trim, and elasticized trim at the garment edges. The undergarment is backless with the exception of a rear lower panel that covers the outer surface of the buttocks area. The matching G-string styled panty features a mesh fabric front, an elasticized waistband, and elasticized G-string. The undergarment falls within textile category designation 659 and the G-string styled panty falls within textile category designation 652.

Style 8300 consists of a ladies underwear camisole and matching thong-styled panty. Both garments are made of 100% nylon mesh fabric. The front and back of the camisole is cut straight across the top edge from side seam to side seam. The camisole features adjustable elasticized shoulder straps, elasticized capping at the garment top, elasticized trim across the bottom of the bust area which continues around the garment back, and an overlock stitch finish at the garment bottom. The matching thong-styled panty features an elasticized waistband and elasticized trim at the leg openings. The camisole falls within textile category designation 639 and the panty falls within textile category designation 652.

As discussed, we are unable to classify Style 2029 without the decitex of the fabric. Please obtain the decitex of the fabric from the manufacturer. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

The applicable subheading for the Style 2028 will be 6117.80.9540, Harmonized Tariff Schedule of the United States (HTS), which provides for Other made up clothing accessories, knitted or crochetedOther accessories: Other: Other, Of man-made fibers: Other. The rate of duty will be 14.6 percent ad valorem.

The applicable subheading for the bralette of Style 8268 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

The applicable subheading for the Style 8268 lower body garment will be 6211.43.0091, HTS, which provides for Track suits, ski suits and swimwear; other garments: Other garments, women’s or girls’: Of man-made fibers . . . Other. The duty rate will be 16% ad valorem.

The applicable subheading for the Style 9138 undergarment will be 6212.90.0030, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other . . . Of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 percent ad valorem.

The applicable subheading for the Style 9138 G-string styled panty 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 applicable subheading for the Style 8300 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 Style 8300 panty 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.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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