CLA-2-61:RR:NC:TA:354 H89749
Mr. Bill Julich
Delmar International Inc.
147-55 175 Street
Jamaica, New York 11434
RE: The tariff classification of ladies’ garments from Hong Kong, China , and Macau.
Dear Mr. Julich:
In your letter dated March 28, 2002, you requested a classification ruling on behalf of Johnathan K. Lingerie DBA Planet Lingerie. The provided samples will be returned as per your request.
Six samples were submitted for review. Style DEV-165c is a ladies’ camisole constructed of a sheer knitted polyester fabric. The garment features a raschel lace-like trimmed crossover v-neck front, elasticized shoulder straps, and elasticized trim at the straight back, and a hemmed bottom.
Style DEV-173c is a ladies’ tank style undershirt constructed of a sheer knitted polyester fabric with a flocked flower design. The garment features a scoop neckline and back, and has elasticized trim at the top and bottom of the garment.
Style DEV-177c is a ladies’ camisole constructed of a sheer knitted 92% polyester and 8% spandex fabric. The garment features elasticized shoulder straps, a rounded neckline and back, elasticized trim at the top of the garment, an overlock stitch finish at the garment bottom, and a embroidered floral design centered below the neckline.
Style 921732 is a ladies’ panty constructed of a sheer knitted polyester fabric. The garment features an elasticized waistband, overlock stitch finish at the leg openings, a crotch panel, and a embroidered floral design above the leg openings at the front.
Style 1029/1030 consists of a ladies’ camisole and bikini panty constructed of a 92% polyester 8% spandex knitted fabric. The camisole features a raschel lace-like trimmed v-neck front, elasticized adjustable shoulder straps, elasticized trim at the straight back, and a hemmed bottom. The panty has an elasticized raschel lace-like waistband and elasticized trimmed high cut leg openings.
The applicable subheading for styles DEV-165c, DEV-173c, DEV-177c and the style 1029/1030-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 32.4 percent ad valorem.
The applicable subheading for style 921732 and the style 1029/1030-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 duty rate will be 15.8 percent ad valorem.
Styles DEV-165c, DEV-173c, DEV-177c and the style 1029/1030-camisole fall within textile category designation 639. Style 921732 and the style 1029/1030 panty fall within textile category designation 652. Based upon international textile trade agreements products of Hong Kong and China with textile categories 639 and 652 are subject to quota and the requirement of a visa. Based upon international textile trade agreements products of Macau within textile category 639 and 652 are subject to the requirement of a visa , and products of Macau within textile category 639 are subject to quota.
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 646-733-3054.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division