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NY N006198

March 6, 2007



TARIFF NO.: 6108.22.9020; 6211.43.0091

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int’l Airport Center
Suite 250
Jamaica, NY 11413

RE: The tariff classification of ladies’ garments from China

Dear Ms. Beckford:

In your letter dated January 26, 2007, you requested a classification ruling on behalf of your client H & M Hennes & Mauritz LP. The provided samples will be returned as per your request.

Style 444640/1337 is a thong styled panty constructed of 50% nylon and 50% rayon knitted net fabric. Edging along the top and sides of the garment consists of a woven jacquard fabric that measures approximately ¾ inches. The garment features high cut elasticized leg openings, an elasticized waistband, a sewn-in gusset crotch and a small velvet bow at the top of the waistband.

Style 444630/1337 is a bustier constructed of 50% nylon and 50% rayon woven jacquard fabric. The garment is snug fitting and its coverage extends from the top of the bust to below the waist (in front), leaving the shoulders and the upper back bare. The bustier has removable adjustable shoulder straps, four flexible vertical stays inserted into the side and back seams, and is secured to the body by twelve hook and eye double adjustable closures on the back. The front of the garment features six lined panels that are made of woven jacquard fabric with a velvet bow in the center. The back of the garment has two woven jacquard fabric center panels, as well as two knitted net fabric panels that stretch horizontally. This garment is not designed to provide body support.

The applicable subheading for the thong styled panty will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), 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: other, women’s. The general rate of duty will be 15.6 percent ad valorem.

The applicable subheading for the bustier will be 6211.43.0091, Harmonized Tariff Schedule of the United States (HTSUS), 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 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The thong styled panty falls within textile category 652; the bustier falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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.


Robert B. Swierupski

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