CLA-2-61:RR:NC:TA:354 C82136

Mr. Joseph R. Hoffacker
Barthco Trade Consultants, Inc.
7575 Holstein Avenue
Philadelphia, Pennsylvania

RE: The tariff classification of ladies' knit garments from China, Hong Kong, and Bangladesh.

Dear Mr. Hoffacker:

In your letter dated December 4, 1997, you requested a classification ruling on behalf of Ariela & Alpha International LLC. The submitted samples will be returned as per your request.

Six samples were provided for review. Style 003670 consists of a ladies' tank top and matching bikini panty which are constructed of a 100% cotton knitted material. The tank top features a rainbow printed across the front panel bust area, adjustable satin shoulder straps approximately 1/4 inch wide, satin trim on the U shaped front and back neckline, and a hemmed bottom. The bikini panty features an elasticized waistband, satin trim leg openings and a rainbow printed insert is sewn across the front panel.

Style 003671 consists of a ladies' tank top and matching full cut panty which are constructed of a striped 95% cotton 5% spandex knitted material. The tank top features adjustable satin shoulder straps approximately 1/4 inch wide, satin trim on the U shaped front and back neckline, and a hemmed bottom. The full cut panty features an elasticized waistband and satin trim leg openings.

Style 003672 consists of a ladies' tank top and matching full cut panty which are constructed of a striped 95% cotton 5% spandex knitted material. The tank top features satin shoulder straps approximately 1/4 inch wide, satin trim on the U shaped front and back neckline, and a hemmed bottom. The full cut panty features an elasticized waistband and satin trim leg openings.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products. The applicable subheading for the style 003670, 003671 and 003672 tank tops will be 6109.10.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of cotton . . . Women's or girls': Other: Tank tops: Women's. The duty rate will be 19.6 percent ad valorem. In 1998, the duty rate will be 19.2 percent ad valorem.

The applicable subheading for the style 003670, 003671 and 003672 panties will be 6108.21.0010, HTS, 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 duty rate will be 8 percent ad valorem. In 1998, the duty rate will be 7.9 percent ad valorem. The tank tops fall within textile category designation 339, and the panties fall within textile category designation 352. Based upon international textile trade agreements products of China, Hong Kong, and Bangladesh are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Brian Burtnik at 212-466-5880.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division