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NY N018263

November 2, 2007



TARIFF NO.: 6208.99.3020, 6212.10.7000

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 October 4, 2007, written on behalf of your client, H & M Hennes & Mauritz LP, you requested a classification ruling.

Item #A17370/1338 is a soft cup brassiere made up of 100% woven silk. The cups are outlined with plastic beads. Additional features include an elasticized bottom band, elasticized adjustable shoulder straps and a triple adjustable hook and eye closure at the back.

Item #A23030/1338, which you refer to as hotpants, is a coordinating hipster styled panty made up of 100% woven silk. Additional features include an elasticized waist, a separately sewn-in crotch lining, and decorative plastic beads adorning the front portion of the panty.

The applicable subheading for the brassiere, item #A17370/1338, will be 6212.10.7000, 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: containing 70 percent or more by weight of silk or silk waste. The duty rate will be 2.7% ad valorem.

The applicable subheading for the panty, item #A23030/1338, will be 6208.99.3020, HTSUS, which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: of other textile materials: of silk or silk waste: containing 70 percent or more by weight of silk or silk waste, other. The duty rate will be 1.1% 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/.

Item #A23030/1338 falls within textile category 752. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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