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NY L80458




November 24, 2004

CLA-2-62:RR:NC:TAB:354 L80458

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Donna L. Shira
Sharretts, Paley, Carter and Blauvelt, P.C. 75 Broad Street
New York, N.Y. 10004

RE: The tariff classification of a woman’s undergarment from China.

Dear Ms. Shira:

In your letter dated November 4, 2004, written on behalf of your client, United Retail, Inc., you requested a tariff classification ruling.

You have submitted a sample of a woman’s knit bodyshaper that you state will be imported under three different style numbers according to the cup size: style #9033 for the C cup, style #9034 for the D cup, and style #9035 for the DD cup. You state that it is composed of 82% nylon and 18% spandex with lace inserts at the upper back and leg openings composed of 69% nylon, 20% nylon cord, and 11% spandex. The garment features adjustable elasticized shoulder straps, elasticized leg openings and molded underwire cups. A two-ply front panel extends down the center of the front of the garment, with the inner ply constructed of a “powernet” fabric resembling a mesh lining that resists stretching. It will also feature adjustable hook and eye closures at the back and snap closures at the lined gusset crotch.

The applicable subheading for the body shaper 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% 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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