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NY J86013




June 3, 2003

CLA-2-62:RR:NC:TAB:354 J86013

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.30.0020

Mr. Peter W. Klestadt
Mr. David S. Levy
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Avenue 33rd Floor
New York, NY 10167-3397

RE: The tariff classification of a corset from China

Dear Mr. Klestadt & Mr. Levy:

In your letter dated May 2, 2003, on behalf of Telebrands, Corp., you requested a tariff classification ruling. The submitted sample will be returned as requested.

The garment received, identified as a “Tummy Trimmer”, is constructed from 89% nylon 11% spandex tightly knit fabric. The size small slightly flared garment is 12” long and features side seams, elasticized edging at the top and bottom and same fabric double layer construction extending the length of center front for a width of approximately six inches.

You assert that the instant garment “is very similar to the article at issue in ruling HQ 089581” and should be classified as an other textile article in HTS 6307. We disagree, the item in that ruling was a wide rectangular belt-like article of neoprene with laminated fabric and claimed to be an aid for weight loss. Additionally, similar merchandise classified in HTS 6307 is designed to be worn over other clothing. The garment at issue is clearly designed to be worn next to the skin.

The applicable subheading for the “Tummy Trimmer” will be 6212.30.0020, 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: corsets of man-made fibers. The rate of duty will be 23.6 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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