CLA-2-61:OT:RR:NC:TA:354
Ms. Michelle Wong
Avon Products Inc.
1251 Avenue of the Americas
New York, NY 10020-1196
RE: The tariff classification of women’s undergarments from China.
Dear Ms. Wong:
In your letter dated August 7, 2008, you requested a classification ruling. The samples submitted will be returned.
Style PP 1076539 is a women’s matching underwear camisole and panty brief constructed of lightweight 85% nylon and 15% spandex knitted fabric. The underwear camisole is supported on the body by thin elasticized and adjustable shoulder straps. It covers the torso from the top of the bust to below the waist. The underwear camisole features side seams and a scalloped lace-like trim with inwrought designs that borders the V-styled front and sides. A scalloped lace-like trim with inwrought designs also borders both the bottom of the garment and the area located below the seamed bust panels. The front of the panty brief is bordered by a scalloped lace-like trim with inwrought designs that has an elasticized top. The panty brief features a fabric covered elasticized waistband at the back, high cut leg openings which are bordered by scalloped lace-like trim with inwrought designs, and a lined crotch panel. The panty brief also features three panels made up of scalloped lace-like fabric with inwrought designs, which are located on each side of the center front panel.
The applicable subheading for the Style PP 1076539 camisole will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), 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 Style PP 1076539 panty will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), 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.
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 http://www.usitc.gov/tata/hts/.
The camisole falls within textile category 639 and the panty falls within textile category 652. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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 Deborah Marinucci at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division