CLA-2-61:RR:NC:3:353 G88259

Mr. Troy Meyers
Limited Logistics Services
Seven Limited Parkway
Reynoldsburg, Oh 43068-5300

RE: The tariff classification of a bra, top and panty from China.

Dear Mr. Meyers:

In your letter dated March 7, 2001, on behalf of Lane Bryant, you requested a tariff classification ruling. The samples will be returned to you as requested.

The submitted samples are a bra, top and panty composed of knit polyester fabric coated with polyvinyl chloride and polyurethane compact plastic material that completely obscures the underlying fabric. Style #621327 is a bra with adjustable shoulder straps, a hook and eye closure at the back, and padded cups of polyester fabric with underwire support. Style #588132 is a backless, cami-type top with ¼” shoulder straps that also are part of the back neck opening and are used to lace the garment together. The garment comes to a point and reaches the waist at the front. Style #550202 is a pair of thong style panties with a mesh back and textile straps.

The applicable subheading for the top, bra and panty, style #s62137, 588132 and 550202 will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments, made up of knitted or crocheted fabrics of heading 5903, 5906 and 5907: Having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, Other.” The rate of duty will be 4.9% ad valorem.

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 Kenneth Reidlinger at 212-637-7084.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division