CLA-2-61:OT:RR:NC:N3:354
Ms. Linda M. Rasco
METRO
P.O. Box 1066
Champlain, NY 12919
RE: The tariff classification of ladies’ wearing apparel from China and Peru. Correction to Ruling Number N150576.
Dear Ms. Rasco:
This replaces Ruling Number N150576, dated March 25, 2011, which contained clerical errors. In that letter, the classification of Style number C-2956 was incorrectly stated as 6212.90.0300 and the classification of Style number 8116 was incorrectly stated as 6108.22.9020. The correct Harmonized Tariff Numbers of 6212.90.0300 for Style number C-2956 and 6108.11.0010 for Style number 8116 are shown below. A complete corrected ruling follows.
In your letter dated February 16, 2011, you requested a tariff classification ruling.
Style C-2956 is a ladies camisole-styled undergarment with four hanging removable adjustable garters. It covers the torso from the top of the bust to the waist. The seamed soft fabric cups and the two front side panels are constructed of lightweight 84% nylon and 16% elastane knit fabric. The front center and back panels are constructed of 87% nylon and 13% elastane knit jacquard fabric. The seamed soft fabric cups and the two front side panels are made up of raschel lace-like openwork fabric with inwrought designs. The four paneled undergarment features adjustable elasticized shoulder straps, a fabric covered elasticized edging along the top back and a hemmed bottom.
Style 8116 is a ladies slip constructed of lightweight 90% nylon and 10% spandex openwork knitted fabric. The undergarment features raschel lace-like open work knitted fabric that has inwrought designs. The undergarment also features molded and seamed underwire cups, side seams, adjustable elasticized shoulder straps, a scalloped top and bottom, and is adorned with a small satin bow located at the top front center.
The applicable subheading for Style C-2956 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: other…of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6% ad valorem.
The applicable subheading for Style 8116 will be 6108.11.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ slips, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: slips and petticoats: of man-made fibers, women’s. The duty rate will be 14.9% 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/.
We need additional information in order to classify Style 8115. Please submit the information described below:
Provide marketing, advertising, promotional and sales environment information for the item. Include any catalogs and websites that describe how the item is designed to be used. If the item will be sold in a catalog, please provide us with a copy of that catalog or catalog mock, in which the items will be sold. If nothing is available for the specific item, please provide a catalog showing similar items sold in prior seasons.
Provide actual retail packaging, actual hangtags, and actual labels, and any point of sale information that describes how the item is being marketed.
Who are the customers of the item? Identify the stores and types of departments in which the item will be sold.
For Styles 4602 and 9602 we are returning your request for a ruling, and any related samples, exhibits, etc. We need additional information in order to issue a ruling. Please submit the information described below:
You referred to the submitted items as sleepwear. Classification of garments of this type depends on their appearance and in part, on the manner in which they are designed, marketed and sold. Therefore, we require the following information.
How have the styles been designed? As “knock off” of items in the market, or as an original? If a “knock off” how were they sold at retail originally? What changes or modifications were made to the garments? (Specifically, were there any changes to the type or weight of the fabric used, the size specifications, etc?) If an original design, what is the concept of the designer?
Is the fabric (both type and weight) typical of sleepwear sold by your company? Please explain.
Please provide the following marketing information:
Copies of any labels that will be sewn into or tacked onto the garments especially any that indicate how these garments are intended to be used.
Any advertising or advertising mock-ups that will be used for these garments. If nothing is available for the specific styles, please provide advertising for similar garments sold in prior seasons.
Will the items be sold on line? If yes, please provide a copy of the page or pages on which this item will appear. If this is not currently available, please show pages for similar styles in prior seasons.
If these styles are to be sold in stores, indicate the department(s) in which they will be sold, and any in-store advertising that will be displayed in proximity to these garments.
Often intimate apparel garments are marketed as “loungewear” alongside traditional sleepwear. Does your company market loungewear? How does the company define that term? Does your company consider these garments to be loungewear?
Are these garments sold as a set?
If you decide to resubmit your request for Styles 4602, 8115, and 9602, please include all of the material that we have returned to you (including the samples), and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
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 classification of Styles 4602 and 9602, contact National Import Specialist Peggy Fitzgerald at 646-733-3052. If you have any questions regarding the ruling; and Styles C-2956, 8115, and 8116 please contact National Import Specialist Robert Ivers at (646) 733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division