CLA-2-61:RR:NC:TAB:354 H80044
Mr. Bill Sullivan
MSAS Global Logistics
248-06 Rockaway Blvd.
Jamaica, NY 11422
RE: The tariff classification of a ladies’ knit slip from Hong Kong.
Dear Mr. Sullivan:
In your letter dated April 16, 2001, on behalf of Newport News Inc., you requested a classification ruling. As requested the sample will be returned to you.
Style F01-07-078 is full-length slip constructed of a finely knit 80% nylon 20% spandex fabric. The garment features underwired, padded cups, adjustable elasticized shoulder straps that are removable and a three hook & eye adjustable rear closure. In addition, the garment has loose-footed inner side panels that extend from the cups to the rear hook & eye closure. The slip has side seams and a hemmed bottom.
Your submission also contained an extra pair of 10mm wide plastic adjustable shoulder straps. The Explanatory Notes for GRI 3(b) define sets as (1) consisting of at least two different articles which are classifiable in different headings, (2) articles put together to meet a particular need or carry out a specific activity, (3) packed for sale directly to users without repacking.
If the plastic shoulder straps are shipped and retailed packed for sale with the slip they would qualify as a set For sets, classification is made according to the component, or components taken together, which gives the set as a whole its essential character. The essential character in this case is imparted by the slip.
.
The applicable subheading for the slip will be 6108.11.0010, 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: slips and petticoats: of made-made fibers, women’s. The duty rate will be 15.3 percent ad valorem
Style F01-07-078 falls within textile category designation 652. 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