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NY H86682




February 5, 2002

CLA-2-62:RR:NC:TAB:354 H86682

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Gina Whitehead
Warnaco
90 Park Avenue 12th Floor
New York, NY 10016

RE: The tariff classification of a foundation garment from Honduras

Dear Ms. Whitehead:

In your letter dated January 8, 2002, you requested a tariff classification ruling. The sample will be returned to you as requested.

Your submitted sample, Style 03313 is a all-in-one foundation garment composed of 80% nylon 20% elastane finely knit fabric. The item features adjustable elasticized shoulder straps, underwired cups, a two-ply panel encircles the garment from below the bust to the waist, elasticized leg openings and hook & eye opening at the gusset crotch.

The applicable subheading for the garment will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, 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 6.7 percent ad valorem.

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,

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