CLA-2-61:RR:NC:TAB:354 G89861

Ms. Pilar Dorfman
E. Besler & Company
115 Martin Lane
Elk Grove, IL 60007-1309

RE: The tariff classification of ladies underwear from Hong Kong

Dear Ms. Dorfman:

In your letter dated April 2, 2001, on behalf of Teri Lingerie Company, you requested a classification ruling. The samples will be returned to you as requested. Style 154 is a thong style panty made of 95% polyester 5% spandex knit fabric. The garment features a 5/16 inch wide elasticized waistband, elasticized capping on the front and rear triangles and sewn-in cotton gusset.

Style TS-5996 is a tank styled camisole constructed in fabric matching the thong. The garments features an hourglass shaped center front insert made of mesh fabric, elasticized spaghetti shoulder straps, elasticized capping at the top and a hemmed bottom.

The applicable subheading for the thong style panty will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: other, women’s. The duty rate will be 15.9 percent ad valorem.

The applicable subheading for the camisole will be 6109.90.1065 HTS, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers, women’s or girls’: tank tops and singlets: women’s. The duty rate will be 32.6 percent ad valorem.

The panty falls within textile category designation 652 the camisole in category 639. Based upon international textile trade agreements products of Hong Kong are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, 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 and should also be verified at the time of shipment.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division