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NY L88364




November 22, 2005

CLA-2-62:RR:NC:TAB:354 L88364

CATEGORY: CLASSIFICATION

TARIFF NO.: 6113.00.1012, 6212.30.0020

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

RE: The tariff classification of a woman’s top and corset from China.

Dear Ehrens:

In your letter dated October 25, 2005, written on behalf of your client, Somerbond Ltd., you requested a tariff classification ruling. We are retaining the provided samples for our records.

You have submitted a sample of a purple and black “Ladies Wild Animal Corset,” style #F01000191, a corset-styled top constructed of 34% polyamide, 30% polyurethane, 30% polyester and 6% elastane. The garment reaches the waist and features a full front opening made up of 13 single hooks and eyes and adjustable shoulder straps. The garment is made up of seven panels, with the center back panel made up of a mesh fabric made of polyamide and elastane. Four of the panels are made of a polyurethane plastic coating on the outer surface that completely obscures the knit fabric backing. Metal D-rings adorn the front portion of the garment. In addition, two vertical adjusters made up of metal D-rings are also located on two of the front panels, with a ½-inch wide ribbon laced through each of them. This is not considered to be a support garment.

You have also submitted a sample of a “Ladies Mesh Buckle Waspie,” style #F01000177, a waist cincher (corset) made up of 42% polyamide, 25% polyurethane, 25% polyester and 8% elastane. The garment features two front vertical stays that measure approximately 7½ inches, two side vertical stays that measure approximately 6½ inches, and two back vertical stays that measure approximately 6½ inches. The seven-panel garment also features eight single hook and eye front closures. The garment has 2-ply construction on two front panels and on a portion of the two adjoining panels, the outer layer of which is made of a knitted polyester fabric with a polyurethane plastic coating on the outer surface, and an additional separate knit fabric lining made of 100% cotton. The remaining panels are made up of a knit mesh fabric made of polyamide and elastane. An elasticized band is featured on the inner top and bottom of the garment, which helps to keep the garment in place on the wearer. Two decorative metal buckles are located on either side of the front portion of the garment. You state that this garment is designed as an undergarment.

The applicable subheading for the Ladies Wild Animal Corset will be 6113.00.1012, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of knitted or crocheted fabrics of heading 5903, 5906 or 5907: having an outer surface impregnated, coated, covered, or laminated with rubber or plastics material which completely obscures the underlying fabric, other. The rate of duty will be 3.8% ad valorem.

The applicable subheading for the Ladies Mesh Buckle Waspie will be 6212.30.0020, HTS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, corsets, of man-made fibers. The rate of duty will be 23.5% ad valorem.

The Ladies Wild Animal Corset falls within textile category designation 649. 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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