CLA-2-61:OT:RR:NC:N3:361
6115.22.0000
Mr. Michael S. McCullough
Vandegrift Forwarding Company, Inc.
9317 Cheshire Road
Sunbury, OH 43074
RE: The tariff classification of women’s garments from China
Dear Mr. McCullough:
In your letter dated November 17, 2011, you requested a classification ruling on behalf of your client International Intimates Inc.
The submitted sample, style 21001, is a woman’s novelty set consisting of a drape top and g-string. The garments are constructed from 90% polyester and 10% spandex knit fabric. The top drapes around the neck and extends to the waist. It provides no shoulder, arm or back coverage. The g-string has a matching fabric front, an elasticized waistband and elasticized g-string.
The submitted sample, style 25013, is a woman’s novelty set consisting of a tube top and a panty. The garments are constructed from 80% nylon and 20% spandex knit fabric. The top extends from the bust to the waist with cutout designs throughout. The matching panty has cutout designs and an elasticized waistband and leg openings.
The submitted sample, style 29004, is a pair of torn tights composed of 80% nylon and 20% spandex knit fabric. It has a stretch waistband and features rips and tears along the front and back legs.
The submitted sample, style 27002, is a woman’s novelty footed body stocking constructed from 83% nylon, 14% spandex and 3% metallic knit openwork fabric. The upper portion is a halter bra attached to the lower portion by a metal ring. There is no back coverage.
We require additional information to classify style 27002 as the fabric of the submitted garment appears to contain metallic yarns. Yarns containing a metallized fiber are considered to be an “other” fiber. Therefore, in order to determine the classification of the garment please provide the following:
a. The number of different yarns used in the fabric of the garment
b. The fiber content of each yarn
c. The number of plies in each yarn
The overall fiber content of the garment
The relative weight by percentage of each yarn
If you decide to resubmit your request on style 27002, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.
We are returning your samples as requested.
The applicable subheading for the drape top, style 21001, will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other garments, knitted or crocheted: Of man-made fibers: Other, Other, Women’s or girls’." The rate of duty will be 14.9 percent ad valorem.
The applicable subheading for the g-string, style 21001, will be 6108.92.0015, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: underwear: other: women’s. The duty rate will be 16 percent ad valorem.
The applicable subheading for the top, style 25013, will be 6114.30.1020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Tops: Women’s. The duty rate will be 28.2 percent ad valorem.
The applicable subheading for panty, style 25013, will be 6108.22.9020, Harmonized Tariff Schedule of the United States (HTSUS), 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 fiber: Other… Women’s. The rate of duty will be 15.6 percent ad valorem.
The classification for the tights, style 29004, if measuring per single yarn less than 67 decitex, follows:
The applicable subheading for Style 29004 will be 6115.21.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Panty hose, tights, stockings, socks and other hosiery, including stockings for varicose veins, and footwear without applied, knitted or crocheted: Other panty hose and tights: Of synthetic fibers, measuring per single yarn less than 67 decitex, other. The rate of duty will be 16 percent ad valorem. The classification for the tights, style 29004, if measuring per single yarn 67 decitex or more, follows: The applicable subheading for the Style 29004 will be 6115.22.0000, Harmonized Tariff Schedule of the United States (HTSUS), which provides for panty hose, tights, stockings, socks and other hosiery…knitted or crocheted: panty hose and tights: of synthetic fibers, measuring per single yarn 67 decitex or more: other. The duty rate will be 14.9 percent ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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 Peggy Fitzgerald at 646-733-3052.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division