CLA-2-61:OT:RR:NC:N3:361

Ms. Rosemarie Reo
C-Air Customhouse Brokers-Forwarders Inc.
181 S. Franklin Ave.
Valley Stream, NY 11581

RE: The tariff classification of women’s bodysuits from China, Myanmar, Thailand and Vietnam.

Dear Ms. Reo:

In your letter dated February 3, 2022, you requested a tariff classification ruling on behalf of your client, Delta Galil USA. The samples submitted are being returned.

Style BS-MCK-0658 is a woman’s bodysuit composed of 94 percent polyamide and 6 percent elastane knit sheer fabric. The one-piece tight fitted garment is sleeveless, legless and features a mock neck, self-fabric edging at the armholes and leg openings, overlock stitching at the side seams, and has a two-snap closure at the lined crotch.

Style BS-TSH-0666 is a woman’s bodysuit composed of 94 percent polyamide and 6 percent elastane knit sheer fabric. The one-piece tight fitted garment is legless and features a high crew neckline, short sleeves with self-fabric cuffs, overlock stitching at the side seams, self-fabric edging at the leg openings, and has a two-snap closure at the lined crotch.

Style BS-BST-0356 is a woman’s bodysuit composed of 73 percent polyamide and 27 percent elastane knit fabric. The one-piece tight fitted garment is sleeveless, legless and features a U-shaped front neckline, overlock stitching at the side seams, and has a two-snap closure at the lined crotch.

Style AP-BST-0066 is a woman’s camisole-styled bodysuit composed of 76 percent polyamide and 24 percent elastane knit fabric. The one-piece tight fitted garment is sleeveless, legless and features a straight front and back neckline, which extends from side seam to side seam, thin adjustable shoulder straps, overlock stitching at the side seams, and has a two-snap closure at the lined crotch.

Consequently, the applicable subheading for styles BS-MCK-0658, BS-TSH-0666, BS-BST-0356 and AP-BST-0066 will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments, knitted or crocheted, of man-made fibers, bodysuits and bodyshirts, of a fabric containing by weight 5 percent or more elastomeric yarn or rubber thread. The rate of duty will be 32 percent ad valorem.

Pursuant to U.S. Note 20 to Subchapter III, Chapter 99, HTSUS, products of China classified under subheading 6114.30.2010, HTSUS, unless specifically excluded, are subject to an additional 7.5 percent ad valorem rate of duty.  At the time of importation, you must report the Chapter 99 subheading, i.e., 9903.88.15, in addition to subheading 6114.30.2010, HTSUS, listed above.   The HTSUS is subject to periodic amendment so you should exercise reasonable care in monitoring the status of goods covered by the Note cited above and the applicable Chapter 99 subheading.  For background information regarding the trade remedy initiated pursuant to Section 301 of the Trade Act of 1974, you may refer to the relevant parts of the USTR and CBP websites, which are available at https://ustr.gov/issue-areas/enforcement/section-301-investigations/tariff-actions and https://www.cbp.gov/trade/remedies/301-certain-products-china respectively.

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 https://hts.usitc.gov/current.

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 Antoinette Peek-Williams at [email protected].

Sincerely,

Steven A. Mack
Director
National Commodity Specialist Division