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NY N021640




January 30, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.11.0010

Ms. Helena Cooper
Original Concepts Inc.
701 E. 3rd Street
Suite 130
Los Angeles CA 90013

RE: The tariff classification of a petticoat from China.

Dear Ms. Cooper:

In your letter dated January 4, 2008, you requested a classification ruling, on behalf of your client, Smiffy’s.

Style 30306 is referred to as a woman’s “White Lined Lace Petticoat” and is constructed of a knit 100% polyester netted fabric. The sheer multi-layered garment has a tunneled elasticized waistband and measures 12 inches from the waist to the bottom hem, which includes 5 1/4 inches of knit openwork lace-like fabric on the bottom portion of the top outermost layer. The item is to be worn under a garment to give it a "full" look and features a lining and a small satin bow sewn onto the front center top of the waistband. You state that the petticoat will also be offered as styles 30507 “Plus Size White Lined Lace Petticoat” and 30314 “Lined Sparkle Petticoat,” which are identical to style 30306.

      The applicable subheading for styles 30306, 30507 and 30314 will be 6108.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: slips and petticoats: of man-made fibers, women’s. The duty rate will be 14.9% 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/.

Styles 30306, 30507 and 30314 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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.

Sincerely,

Robert B. Swierupski
Director,

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