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NY L81607




January 11, 2005

CLA-2-62:RR:NC:TA:354 L81607

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Ms. Sylvia Reyes
Proexport USA
601 Brickell Key Drive, Suite 801
Miami, Florida 33131

RE: The tariff classification of a brassiere from Colombia.

Dear Ms. Reyes:

In your letter received December 21, 2004, you requested a tariff classification ruling on behalf of National Sensation.

The “Secret Bra” is made of triangle shaped molded cups consisting of a three layer material of knitted 50% cotton 50% polyester fabric on the outer and inner surfaces with foam sandwiched in the center. The “Secret Bra” features a plastic clip that joins the cups together at the center of the bust and a removable adjustable clear halter strap. The cups are held in place by adhesive strips located across the bottom and along the outer edges on the underside of the cups.

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 “Secret Bra” 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.

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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