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NY N012152




June 29, 2007

CLA-2-61:RR:NC:TAB:354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020, 6108.92.0005

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave.
Suite 200
Atlanta, GA 30354

RE: The tariff classification of undergarments from China or Indonesia.

Dear Mr. Keller:

In your letter dated May 15, 2007, written on behalf of your client, Maidenform, you requested a classification ruling.

Style #5964 is a woman’s panty brief constructed of 59% nylon, 41% spandex finely knit fabric. The panty brief features a fabric covered elasticized waistband and fabric covered elasticized leg openings, a lined crotch panel, a two-ply front panel and a back center seam that creates a shirred effect at the garment rear.

Style #5922 is a thong styled panty constructed of 59% nylon, 41% spandex finely knit fabric. The undergarment features a two-ply front panel, a fabric covered elasticized waistband, elasticized leg openings, and a lined crotch panel.

Style #3337 is a pair of women’s sheer boyleg underpants constructed of 59% nylon, 41% spandex finely knit fabric that features a fabric covered elasticized waistband a lined crotch panel, and a center seam at both the front and back portion of the garment.

The applicable subheading for styles #5964 and #5922 will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of man-made fibers: otherwomen’s. The duty rate will be 15.6% ad valorem.

The applicable subheading for style #3337 will be 6108.92.0005, HTSUS, which provides for women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibersunderwear: underpants. The duty rate will be 16% 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 above styles fall within textile category 652. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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.

Sincerely,

Robert B. Swierupski
Director,

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