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NY K85933




June 8, 2004
CLA-2-62:RR:NC:TA:354 K85933

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020; 6212.30.0020; 6212.90.0030

Mr. George Keller
Customs Advisory Services, Inc.
1003 Virginia Avenue, Suite 200
Atlanta, GA 30354

RE: The tariff classification of women’s apparel from Mexico.

Dear Mr. Keller:

In your letter dated May 3, 2004, you requested a tariff classification ruling on behalf of Maidenform, Inc.

Style 5869 is a women’s all-in-one foundation garment composed of knitted 79% nylon 21% spandex fabric. The garment features removable shoulder straps, underwire cups with removable padding, flexible stays measuring approximately 11 inches long sewn at the two side seams, flexible stays measuring approximately 3-1/2 inches long sewn below the center of the underwire cups, a powernet inner lining sewn vertically down the center of the garment front, a two panel back with a center seam, heavily elasticized trim at the top of the garment back, elasticized leg openings, and an adjustable hook and eye opening at the gusset crotch.

Style 6956 is a women’s all-in-one foundation garment composed of knitted 79% nylon 21% spandex fabric. A two-ply panel encircles the garment from below the bust to the lower abdomen at the front, and across the waist to the upper buttock area at the back. The garment features adjustable elasticized shoulder straps, shaped soft fabric underwire cups, side seams, a two panel back with a center seam, elasticized leg openings, and an adjustable hook and eye opening at the gusset crotch.

Style 3754 is a women’s panty girdle constructed of a 78% nylon 22% spandex knitted fabric. The panty girdle features a 80% nylon 20% spandex inner powernet panel lining the entire garment front and extending over the sides to the back waist area. Additional features include a heavily elasticized waistband, a two panel back with a center seam, high cut elasticized leg openings, and a lined crotch panel. The garment provides sufficient body support to qualify as a panty girdle classifiable in 6212.20.0020, HTS. Therefore, your assertion for classification as a panty under 6108.22.9020, HTS, is not applicable.

Style 3939 is a waist cincher (corset) measuring approximately 11-1/2 inches from top to bottom constructed of a 78% nylon 22% spandex knitted fabric with an inner powernet lining. The waist cincher has five flexible stays measuring approximately 11 inches in length, two stays are placed in front and three are at the back. Additional features include side seams and elasticized trim at the garment top and bottom.

Style 6818 is a high waisted panty girdle constructed of a 79% nylon 21% spandex knitted fabric. The item features six flexible stays measuring 6-1/2 inches in length at the garment top which are lined with a 80% nylon 20% spandex inner powernet panel. The garment front is secured with a row of 10 hook and eye closures. Additional features include elasticized leg openings and an adjustable hook and eye opening at the gusset crotch. This body supporting garment fits the silhouette of a girdle provided for under 6212.20.0020, HTS. Therefore, your assertion as a corset is not applicable.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for styles 5869 and 6956 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 6.6 percent ad valorem.

The applicable subheading for styles 3754 and 6818 will be 6212.20.0020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Girdles and panty-girdles . . . Of man-made fibers. The general rate of duty will be 20 percent ad valorem.

The applicable subheading for style 3939 will be 6212.30.0020, 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. The duty rate will be 23.5 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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