CLA-2-61:RR:NC:TA:354 K83898

Ms. Sue Lee
K & M Express Co., Inc.
Karen M. Kim CHB
155-06 S. Conduit Avenue, Suite 202
Jamaica, New York 11434

RE: The tariff classification of women’s apparel from Korea or China.

Dear Ms. Lee:

In your letter dated March 2, 2004, you requested a classification ruling on behalf of The Ever Inc.

Style G270 consists of a women’s camisole and matching thong-styled bikini panty which are constructed of a knitted 90% polyester 10% spandex fabric. The camisole features shelf bra support, a v-neckline, elasticized trim at the top edges that extends to form adjustable shoulder straps, side seams, and a hemmed bottom. The thong-styled bikini panty features an elasticized waistband, elasticized leg openings, and a lined crotch panel.

The applicable subheading for the camisole will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 percent ad valorem.

The applicable subheading for the panty will be 6108.22.9020, 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 man-made fibers: Other . . . Women’s. The rate of duty will be 15.6 percent ad valorem.

The camisole falls within textile category designation 639 and the panty falls within textile category designation 652. Based upon international textile trade agreements products of Korea and China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division