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NY N023113

March 5, 2008



TARIFF NO.: 6108.21.0010

Ms. Tami Shaw
Abercrombie & Fitch Trading Company
6301 Fitch Path
New Albany, OH 43054

RE: The tariff classification of women’s undergarments from China.

Dear Ms. Shaw:

In your letter dated September 18, 2007, you requested a classification ruling. The sample submitted will be returned.

Style 5U0368 is a woman’s bikini styled panty constructed of 94% cotton and 6% spandex knitted fabric. The undergarment features an elasticized front center seam, which extends to a 3 button opening. The undergarment also features a hemmed elasticized waistband, an elasticized back center seam, a lined crotch panel, and overlock stitching at the elasticized leg openings.

The applicable subheading for style 5U0368 will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: Briefs and panties: Of cotton . . . Women’s. The rate of duty will be 7.6 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/.

Style 5U0368 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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