CLA-2-61:RR:NC:TA:354 C82971

Ms. Rene Rofe
International Intimates Inc.
180 Madison Avenue, Suite 1800
New York, New York 10016

RE: The tariff classification of women's knitted garments from Hong Kong, China or Macau.

Dear Mr. Rofe:

In your letter dated December 19, 1997 you requested a classification ruling.

Three samples of women's matching garments constructed of a translucent knitted 90% polyester 10% spandex fabric in a striped pattern were provided for classification. Style T8717 is a camisole featuring a scoop neck, adjustable spaghetti shoulder straps, and a hemmed bottom.

Style 8869 is a coordinating bikini panty which features an elasticized waistband and leg openings and a separate sewn-in crotch panel. Style BL8717 is a boy leg panty version featuring a 3/4 inch wide elasticized waistband and hemmed leg openings. The applicable tariff provision for style T8717 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, . . . and similar garments knitted or crocheted: of man-made fibers, women's or girls': tank tops and singlets, women's. The general rate of duty will be 33.2 percent ad valorem.

The applicable tariff provision for styles 8869 and BL8717 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The general rate of duty will be 16.2 percent ad valorem.

Style T8717 falls within textile category designation 639, styles 8869 and BL8717 fall within textile category designation 652. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa. Products of Macau are subject to the requirement of a visa, and products within textile category designation 639 are also subject to quota.

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