CLA-2-61:S:N:N3H:354 854336
Mr. Richard Wortman
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, NY 10017
RE: The tariff classification of a woman's underwear top and
briefs from Hong Kong.
Dear Mr. Wortman:
In your letter dated July 9, 1990, on behalf of Mast
Industries, Inc., you requested a classification ruling. The
samples will be returned to you, as requested.
The submitted style, VSP 244, is a woman's knit brief. The
back and crotch of the brief is made from a fabric that is 85%
cotton and 15% spandex. The front of the brief is an openwork
raschel knit fabric of 89% nylon and 11% spandex with a scalloped
waist. This garment also features elasticized leg openings, an
elasticized back of the waist and a small woven bow on the center
front of the garment. The second submitted style, VSP 246, is a
woman's knit underwear top. The sides and part of the front are
made from a knit fabric that is 85% cotton and 15% spandex. The
balance of the garment is constructed from a lace-like open work
raschel knit fabric of 89% nylon and 11% spandex. The garment
has two inch wide scalloped shoulder straps and scalloped plunge
neckline. A three inch wide scalloped band extends around the
garment below the bust. The essential character of both
garments is imparted by the raschel knit fabric.
The applicable subheading for style, VSP 244, will be
6108.22.0020, Harmonized Tariff Schedule of the United States
(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 16.6 percent ad valorem.
The applicable subheading for style, VSP 246, will be
6108.92.0015, (HTS), which provides for women's or girls' slips,
petticoats, briefs, panties, nightdresses, pajamas, negligees,
bathrobes, dressing gowns and similar articles, knitted or
crocheted: other: of man-made fibers... underwear: other:
women's. The duty rate will be 17 percent ad valorem.
Styles VSP 244 and VSP 246, fall within textile category
designation 652. Based upon international textile trade
agreements, products of Hong Kong are subject to visa
requirements.
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