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NY J85059





June 23, 2003

CLA-2-62:RR:NC:TAB:354 J85059

CATEGORY: CLASSIFICATION
TARIFF NO.: 6212.90.0030

Mr. James E. Unger
CBC Customhouse Brokers, Inc.
P.O. Box 646
Wood Dale, IL 60191

RE: The tariff classification of an athletic supporter from China.

Dear Mr. Unger:

In your letter received in this office on May 28, 2003, on behalf of Mueller Sports Medicine, Inc., you requested a classification ruling. The sample is being returned as requested.

Your submitted sample, style B925 is an athletic supporter sewn into a youth sized knitted man-made fiber mesh-like brief. This item features a substantially elasticized 3cm waistband, elasticized leg straps and a knit pouch supporter with an elasticized band sewn around the top opening. The essential character is imparted by the athletic supporter.

The applicable subheading for style B925 will be 6212.90.0030, 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: other, of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 6.6 percent ad valorem.

This ruling is being issued under the provisions of Section 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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