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NY K84710





April 21, 2004
CLA-2-62:RR:NC:TA:354 K84710

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Mr. Irina Parker
Pearl Izumi
620 Compton Street
Broomfield, CO 80020

RE: The tariff classification of a brassiere from China.

Dear Ms. Parker:

In your letter dated March 31, 2004, you requested a classification ruling on behalf of Dash America Inc/DBA Pearl Izumi. The provided sample will be returned as per your request.

Your product, “Quantum Crop” style 2100, is a ladies’ brassiere constructed of 65% nylon 18% spandex 17% polyester knitted fabric. The underside of the brassiere front features a sewn-in terry fabric panel which outlines the soft fabric shaped cups providing support to the bust area. Additional features include an elasticized band measuring approximately ¾ inches wide sewn at the inner bottom hem, adjustable elasticized shoulder straps, and a hook and eye rear closure. Brassieres are provided for in 6212.10, HTS, therefore, your suggestion for classification under 6108.92.0030, HTS, is not applicable.

The applicable subheading for “Quantum Crop” style 2100 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

“Quantum Crop” style 2100 falls within textile category designation 649. 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,

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