CLA-2-62:RR:NC:TA:354 I89347
Mr. John Lee
Ace Style Intimate Apparel Inc
183 Madison Avenue
Suite 1400
New York, New York 10016
RE: The tariff classification of women’s garments from the Philippines.
Dear Mr. Lee:
In your letter dated December 19, 2002, you requested a classification ruling. The provided samples will be returned as per your request.
Five samples were provided for review. Style 76909 is a corset constructed of a 100% nylon raschel lace-like fabric with the exception of two rear panels which are made of 82% nylon 18% spandex knitted fabric. The garment has two front vertical stays measuring approximately 10 inches, two side vertical stays measuring approximately 8-1/2 inches, and four back vertical stays measuring approximately 5 inches. The garment features thirteen rows of eyes that are laced with a ribbon tightener at the center front and a 5-inch zipper at the center rear. The corset also features removable adjustable elasticized shoulder straps.
Style 76915 is garter belt constructed with 100% nylon raschel lace-like panels sewn to the narrow elastic waist. The garter belt features four elasticized adjustable garters, two at the front and two at the back.
Style 76904 is an underwear teddy constructed of a 78% nylon 22% spandex raschel lace-like fabric. The teddy features a v-neckline, adjustable elasticized shoulder straps, an elasticized rounded back neckline, and a two snap closure at the lined crotch, a thong-styled back with raschel lace-like fabric trim at the leg openings.
Style 76911 is a full slip constructed of a finely knitted sheer 82% nylon 18% spandex fabric. The slip features raschel lace-like underwire cups with adjustable elasticized shoulder straps, a keyhole opening at the back neckline, side seam construction, and raschel lace-like fabric trim at the garment bottom. Two 1/4-inch wide elasticized bands are sewn vertically down the garment, one below the front left cup and the other at the center rear.
Style 76903 is a tank-styled camisole constructed of a sheer 78% nylon 22% spandex raschel lace-like fabric. The garment features side seam construction, a v-neckline and straight back, adjustable elasticized shoulder straps, and overlock stitching at the garment bottom.
Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.
The applicable subheading for style 76909 will be 6212.30.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Corsets . . . of man-made. The duty rate will be 23.6 percent ad valorem.
The applicable subheading for style 76915 will be 6212.90.0030, HTS, which provides for brassieres, girdles, corsets, braces, suspenders, 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 duty rate will be 6.6 percent ad valorem.
The applicable subheading for style 76904 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 rate of duty will be 16.1 percent ad valorem.
The applicable subheading for style 76911 will be 6108.11.0010, HTS, which provides for Women’s or girls’ slips, petticoats, 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 15 percent ad valorem.
The applicable subheading for style 76903 will be 6109.90.1065, HTS, which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32.2 percent ad valorem.
Styles 76904 and 76911 fall within textile category designation 652 and style 76903 falls within textile category designation 639. Based upon international textile trade agreements products of the Philippines within textile category designation 652 and 639 are subject to quota and the requirement of a visa.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
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 Brian Burtnik at 646-733-3054.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division