The tariff classification of women’s wearing apparel from China.

N043761 November 25, 2008 CLA-2-61:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 6108.92.0015; 6212.10.9020; 6212.90.0030 Mr. Michael S. McCullough Vandegrift Forwarding Company Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: The tariff classification of women’s wearing apparel from China. Dear Mr. McCullough: In your letter dated November 3, 2008, you requested a classification ruling, on behalf of your client, International Intimates Incorporated. The samples submitted will be returned. The submitted sample, style HU22310 “Very Cherry 3 Piece Lingerie Set” is a ladies mini-skirt with a matching bra and G-string styled panty constructed of 82% nylon and 18% spandex knit fabric. The mini-skirt measures approximately 7-1/2 inches in length and features piping along the pleats, a fabric covered elasticized waistband measuring approximately 1-1/3 inches in length, an overlock stitch finish at the bottom, and 3 small satin bows at the top of each front pleat. It also features four detachable garters for attachment of thigh high hosiery or stockings. The halter styled bra features triangle shaped soft fabric cups, covered elasticized edging sewn along the top, and is secured to the body by an elasticized drawstring top and bottom. The G-string styled panty features a V-shaped front panel, a lined crotch panel and is secured to the body by elasticized straps around the waist and at the back. The applicable subheading for the G-string panty will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTSUS), 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 man-made fibers: underwear: other: women’s. The duty rate will be 16% ad valorem. The applicable subheading for the bra will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other…of man-made fibers. The duty rate will be 16.9% ad valorem.    The applicable subheading for the mini-skirt will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), 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 rate of duty will be 6.6% 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/. The bra falls within textile category 649. The G-string panty falls within textile category 652. The mini skirt falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. 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 Deborah Marinucci at 646-733-3054. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division