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NY N026183





May 14, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015; 6117.10.2030; 6208.92.0030; 6212.90.0030

Ms. Kimberley Jo Jones
Harry F. Long, Inc.
608 Lambert Pointe
Hazelwood, MO 63042

RE: The tariff classification of ladies undergarments from China.

Dear Ms. Jones:

In your letter dated April 8, 2008, you requested a classification ruling on behalf of your client, Panda Export-Import. The samples submitted will be returned.

The submitted sample, Item #3, is a ladies camisole styled undergarment with a matching G-string styled panty and scarf. The camisole styled undergarment and matching G-string styled panty are constructed of 100% polyester woven satin fabric. The camisole styled undergarment extends from the top of the bust to the hip and is supported on the body by adjustable elasticized shoulder straps. It features a full frontal opening that is secured by tightening a satin ribbon lace through 7 rows of satin fabric loops, seamed soft fabric cups that are trimmed with a warp knit fabric, two front panels that are partially overlaid with raschel lace-like fabric, a fabric covered elasticized top and a sewn-on ruffled hemmed bottom with four detachable hanging garters. The G-string styled panty features a V-shaped front panel and is secured to the body by elasticized straps around the waist and at the back. The scarf is constructed of 100% polyester warp knit fabric. The scarf features an overlock stitch finish at the top and bottom, and measures approximately 74-1/2 inches long and 1-1/2 inches wide.

The submitted sample, Item #8, is a ladies halter styled backless teddy constructed of 100% polyester knitted satin fabric. The garment features a front that has six rows of metal grommets with six metal grommets along each side and three metal grommets on each side of the thong styled bottom, which are all secured by tightening a satin ribbon lace through them. The garment is also secured to the body by elasticized straps which are sewn onto the top portion of each side of the garment and are tied at the wearer’s back.

The submitted sample, Item #11, is a ladies halter styled upper body undergarment and matching G-string styled panty constructed of 100% polyester knitted fabric. The halter styled upper body undergarment is overlaid with raschel lace-like fabric and features a full frontal opening that is secured by tightening a satin ribbon lace through raschel lace-like trim, four permanently attached garters, side seams, and a warp knit ruffle which borders the V-styled front and extends to a portion of the halter styled ties and also borders the bottom of the garment. The G-string styled panty features a V-shaped front panel that is overlaid with raschel lace-like fabric with a top that is bordered by a warp knit ruffle and is secured to the body by elasticized straps around the waist and at the back.

The applicable subheading for Item #3, scarf, will be 6117.10.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing or accessories, knitted or crocheted; knitted or crocheted parts of garments or clothing accessories: shawls, scarves, mufflers, mantillas, veils and the like: of man-made fibers, other. The rate of duty will be 11.3 percent ad valorem. The applicable subheading for Item #3, G-string styled panty, will be 6208.92.0030, Harmonized Tariff Schedule of the United States (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: other: of man-made fibers: other: women’s. The rate of duty will be 16% ad valorem.

The applicable subheading for Item #3, camisole styled garment, will be 6212.90.0030, Harmonized Tariff Schedule of the United States (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: other: of man-made fibers: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for Item #8, will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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 fibers . . . underwear: other: women’s. The rate of duty will be 16 percent ad valorem.

The applicable subheading for Item #11, halter styled upper body undergarment, will be 6212.90.0030, 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: other, of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 6.6% ad valorem.

The applicable subheading for Item #11, G-string styled panty, will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for 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 fibers . . . underwear: other: women’s. The rate of duty will be 16 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/.

Item #3 (G-string styled panty), Item #8 and item #11 (G-string styled panty) fall within textile category 652. Item #3 (Scarf and Camisole styled garment) and Item #11 (Halter styled upper body undergarment) fall within textile category 659. 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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