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NY L86697




September 8, 2005

CLA-2-62:RR:NC:TA:354 L86697

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Mr. John F. McManus
ITOCHU International Inc.
335 Madison Avenue
New York, New York 10017

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

Dear McManus:

In your letter dated August 10, 2005, you requested a tariff classification ruling.

Two samples were provided for review. Style OA 701 is a women’s support garment constructed of a densely knit 76% nylon 24% spandex fabric with a large number of stitches per centimeter. The garment provides support to the area from the waist to the mid-thigh. The support garment features an unfinished fabric edge at the garment top and bottom leg openings, an elongated v-shaped two-ply front panel that extends from the waist to the crotch, a vertical center seam at the garment rear, a sewn-in crotch panel lining, and a “Hanes” label sewn at the upper rear inner seam. Style OA 702 is a capri length version of Style OA 701. The garments provide substantial support and exhibit the structural characteristics of a girdle.

The submitted sample is not marked with its country of origin. 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.

Additionally, 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. Information can also be found at the FTC website www.ftc.gov (click on “For Business” and then on “Textile, Wool, Fur”).

The applicable subheading for both 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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