The tariff classification of a ladies’ garment from Mexico or China.

NY J85578 June 30, 2003 CLA-2-62:RR:NC:TA:354 J85578 CATEGORY: Classification TARIFF NO.: 6109.10.0037 Mr. Janet Reiner Stonepath Logistics 1930 Sixth Avenue South, Suite 401 Seattle, WA 98134 RE: The tariff classification of a ladies’ garment from Mexico or China. Dear Ms. Reiner: In your letter dated June 3, 2003, you requested a classification ruling on behalf of Leading Lady. The provided sample will be returned as per your request. Item D219 is a camisole constructed of a knitted 92% cotton 8% spandex fabric. The garment features an inner shelf-bra with an opening in the cups and adjustable elasticized shoulder straps with clasps at the front to allow for lowering the garment top when nursing. Additional features include elasticized trim at the top of the garment, side seams, and a hemmed bottom The garment does not provide sufficient support throughout to be classified as a brassiere as you suggest. 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 the garment will be 6109.10.0037, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar articles, knitted or crocheted: of cotton women’s or girls’: underwear. The duty rate will be 17 percent ad valorem. The garment falls within textile category designation 352. Based upon international textile trade agreements products of China 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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