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NY L81061





January 28, 2005

CLA-2-62:RR:NC:3:354 L81061

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010; 6212.10.9020

Mr. Tony Goddard
W.T. Shipping Ltd.
Fernwood House
Roman Road
Mountnessing
Essex, England CM15 OUG

RE: The tariff classification of a brassiere from China.

Dear Mr. Goddard:

In your letter dated December 16, 2004, received in this office on December 27, 2004, you requested a classification ruling.

The submitted sample, called a Demikini, is a strapless and backless brassiere with molded underwire cups and side sections extending approximately 2–1/2 inches. You have indicated that the Demikini will be constructed of a three-layer material made of either a knitted polyester or cotton fabric with foam sandwiched in the center. The item is held in place on the wearer by two reusable adhesive gel strips located on the underside of the side sections. The gel strips cover the majority of the underside of the side sections.

Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Please note that separate Federal Trade Commission marking requirements exist regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item.

This item may be subject to the regulations of the U.S. Food and Drug Administration. You may contact them at 5600 Fishers Lane, Rockville, Maryland 20857.

The applicable subheading for the Demikini made with polyester fabric will be 6212.10.9020, 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: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

The applicable subheading for the Demikini made with cotton fabric will be 6212.10.9010, 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 cotton. The general rate of duty will be 16.9 percent ad valorem.

The Demikini made with polyester fabric falls within textile category designation 649 and the Demikini made with cotton fabric falls within textile category designation 349. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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