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NY N008935

April 23, 2007



TARIFF NO.: 6108.21.0010, 6212.10.9010

Ms. Leigh Beckford
Vandegrift Forwarding Co., Inc.
230-19 Intl. Airport Center, Suite 250
Jamaica, N.Y. 11413

RE: The tariff classification of undergarments from China.

Dear Ms. Beckford:

In your letter dated March 23, 2007, written on behalf of your client, H & M Hennes & Mauritz LP, you requested a classification ruling.

You have submitted a sample of a woman’s bralette and matching hipster panty, item # 789480/1337, made of 90% cotton, 5% polyester and 5% elastane knit fabric. The bralette features soft fabric seamed cups, elasticized adjustable shoulder straps, and will be offered in brassiere sizes 32B, 34B and 36B. Decorative lace trim is featured along the top edge of the cups and along the bottom edge of the brassiere, as well as along the top edge of the hipster panty and at the leg openings.

The applicable subheading for the brassiere will be 6212.10.9010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: otherof cotton. The duty rate will be 16.9% ad valorem.

The applicable subheading for the hipster panty will be 6108.21.0010, HTSUS, which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of cotton: women’s. The duty rate will be 7.6% 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 bralette falls within textile category 349, and the hipster panty falls within textile category 352. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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