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NY L88363




November 18, 2005

CLA-2-62:RR:NC:TA:354 L88363

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.92.0015; 6212.90.0030

Mr. Eric Ehrens
Eric Ehrens Co. Inc.
4 Park Avenue, Suite 17E
New York, New York 10016

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

Dear Mr. Ehrens:

In your letter dated October 21, 2005, you requested a classification ruling on behalf of Somerbond Ltd. The provided samples will be returned as per your request.

Style F01000179 is a merry widow and matching G-string styled panty. The merry widow is constructed of 7 panels with a rear zipper closure measuring approximately 11-1/2 inches in length at the center of the back. A front center panel and two narrow back panels on either side of the zipper are made of two ply fabric construction consisting of a man-made lace-like fabric on the outer surface over a knitted cotton fabric. A man-made mesh fabric comprises the four remaining seamed side panels, two located at the front and two at the back. The garment features seamed and padded underwire cups constructed with matching mesh fabric at the upper cup portion and the matching two-ply fabric on the lower cup portion. The adjustable elasticized shoulder straps and the garment bottom are both trimmed with a mesh fabric ruffle. Two flexible stays extend below the center of each underwire cup and two flexible stays extend down the back of the garment. Addition features include four removable adjustable elasticized garter straps and mesh fabric straps on the lower portion of the garment sides that adjust with a metal buckle tightener. The G-string styled panty features a man-made mesh fabric front panel, an elasticized waistband and a G-string back, and a lined crotch panel.

Style F01000181 is a merry widow and matching G-string styled panty. The merry widow is constructed of 9 panels with an eight hook and eye triple adjustable rear closure at the center of the back. The front of the merry widow consists of three man-made mesh fabric panels with an embroidery heart design. The padded underwire cups are overlaid with the embroidered heart design fabric. A finely knitted man-made fabric comprises the six remaining panels, two at the sides and four at the back. Sewn between the panels are eight flexible stays. Additional features include adjustable elasticized shoulder straps, four removable adjustable elasticized garter straps, and feather trim at the garment bottom. The G-string styled panty features a man-made mesh fabric front panel, an elasticized waistband and G-string back, and a lined crotch panel.

In your correspondence you refer to the both merry widows as corsets. However, the garments fail to meet the key function of a corset, which is to hold in the waist area. As the merry widows do provide bust support and support for other articles of apparel, i.e. stockings by use of the garter straps, the garments are classifiable in heading 6212, HTS, as similar support articles.

The applicable subheading for the style F01000179 and F01000181 Merry Widows will be 6212.90.0030, 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: Other . . . Of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 percent ad valorem.

The applicable subheading for the style F01000179 and F01000181 G-string styled panties will be 6108.92.0015, HTS, which provides for Women's or girls' slips, petticoats, briefs, panties, night dresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: of made-made fiber: underwear: other: women’s. The duty rate will be 16 percent ad valorem.

The style F01000179 and F01000181 Merry Widows fall within textile category designation 659 and the style F01000179 and F01000181 G-string styled panties fall within textile category designation 652. 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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