CLA-2-61;62:S:N:N3H:354 874842
Ms. Judith A. Schechter
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, NY 10017
RE: The tariff classification of woman's underwear from China.
Dear Ms. Schechter:
In your letter dated May 26, 1992, on behalf of Bennett &
Company, you requested a classification ruling. As requested the
samples will be returned to you.
Your first submitted sample, style 41361 is a woman's 100%
polyester underwear camisole top. This top has a deep V-neckline
with a knit lace insert which extends to the side and back of the
garment. This garment features adjustable spaghetti straps,
extends to the top of the waist and has a hemmed bottom. The
essential character of this style is imparted by the knit lace
portion. Your second submitted sample, style 37879 is a tap pant
made of a woven polyester fabric. This item features an
elasticized waist and wide high-cut leg openings and coordinates
with the underwear top.
Your third sample, style 41358 is a woman's 100% polyester
woven underwear camisole. The item features a crossed V-neckline
with a self capping on the back, armholes and at the cross of
the neckline. The garment also features adjustable shoulder
straps and a curved finished bottom. Your fourth submitted
sample 41440 is a pair of 100% polyester woven tap pants. The
tap pants have an elasticized waist and coordinate with the
underwear top.
The applicable subheading for style 41361 will be
6109.90.1090, Harmonized Tariff Schedule of the United States
(HTS), which provides for T-shirts, singlets, tank tops and
similar garments, knitted or crocheted: of other textile
materials: of man-made fibers, women's or girls': other. The
duty rate will be 34 percent ad valorem.
The applicable subheading for styles 37879, 41358 and 41440
will be 6208.92.0030, HTS, which provides for women's or girls'
singlets and other undershirts, slips, petticoats, briefs,
panties and nightdresses, pajamas, negligees, bathrobes, dressing
gowns and similar articles: other: women's. The duty rate will
be 17 percent ad valorem.
Style 41361 falls within textile category 639. Based upon
international textile trade agreements, products of China are
subject to visa requirements and quota restraints.
Styles 37879, 41358 and 41440 fall within textile category
652. Based upon international textile trade agreements, products
of China are subject to visa requirements and quota 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