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NY K86463




June 23, 2004
CLA-2-62:RR:NC:TA:354 K86463

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

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 24, 2004, you requested a tariff classification ruling on behalf of Maidenform, Inc.

Style 00445 is a women’s panty girdle constructed of single panel of a 78% nylon 22% spandex knitted fabric which is center seamed at the rear. A 90% nylon 10% spandex raschel lace-like overlaid panel extends across the entire upper front covering the stomach area extending to the heavily elasticized waistband and wrapping around the garment sides. Additional features include high cut elasticized leg openings and a lined crotch panel. A hangtag at the front of the garment states “Flatten Tummy Everyday Control”. The girdle will be available in sizes S to XL. 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 3324 is a wide waisted panty girdle constructed of 82% nylon 18% spandex fabric. The heavily elasticized waistband measures approximately 5-1/2 inches long with a center seam at the rear. The garment features a lined crotch with elasticized trim. The girdle will be available in sizes S to XL. The garment provides sufficient body support to qualify as a panty girdle classifiable in 6212.20.0020, HTS. Therefore, your assertion for classification as underwear under 6108.92.0015, HTS, is not applicable.

Style 3344 is a full cut panty girdle constructed of a 81% nylon 19% spandex knitted fabric with a heavily elasticized waistband measuring approximately 5-1/2 inches long. The garment features high cut elasticized leg openings, a lined crotch, and a center seam down the garment rear. The girdle will be available in sizes M to 2X. The garment provides sufficient body support to qualify as a panty girdle classifiable in 6212.20.0020, HTS. Therefore, your assertion for classification as underwear under 6108.92.0005, HTS, is not applicable.

Style 3354 is a full cut panty girdle constructed of a 79% nylon 21% spandex knitted fabric with a 2-ply front panel. The garment features a heavily elasticized waistband, a center seam down the garment rear, a lined crotch, high cut leg openings with elasticized trim at the front and a heavily elasticized 2-1/2 inch band completes the back leg openings. The girdle will be available in sizes M to 2X. The garment provides sufficient body support to qualify as a panty girdle classifiable in 6212.20.0020, HTS. Therefore, your assertion for classification as underwear under 6108.92.0005, HTS, 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 all styles will be 6212.20.0020, 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: Girdles and panty-girdles. . . Of man-made fibers. The general rate of duty will be 20 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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