CLA-2-61:S:N:N3H:354 869725

Mr. Charles Merendino
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of a woman's tennis panty from Hong Kong.

Dear Mr. Merendino:

In your letter dated December 4, 1991, on behalf of Ellesse USA Inc. you requested a classification ruling. Sample will be returned to you, as requested.

The submitted style, style A3001 (Delia), is a knit 92% cotton and 8% spandex woman's panty. The panty has elasticized waist and leg openings and a lined cotton crotch. As per a telephone conversation with this office you state style A3000 (Diane) is identical to style A3001, except that it is manufactured in assorted solid colors. Both styles are designed to be worn as underwear by tennis players.

The applicable subheading for Styles A3000 and A3001 will be 6108.21.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties... and similar articles, knitted or crocheted: briefs and panties: of cotton, women's. The duty rate will be 8.1 percent ad valorem.

Styles A3000 and A3001 fall within textile category designation 352. Based upon international textile trade agreements, products of Hong Kong are subject to visa restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport