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NY L88365





November 17, 2005

CLA-2-61:RR:NC:N3:353 L88365

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5055, 3926.20.9050, 6212.30.0020

Mr. Eric Ehrens
Somerbond Ltd. c/o Eric Ehrens co., Inc.
4 Park Ave., Suite 17E
New York, NY 1006

RE: The tariff classification of adult wearing apparel from China.

Dear Mr. Ehrens:

In your letter dated October 25, 2005 you requested a classification ruling. The samples will be returned to you as requested.

Three samples were submitted with your request.

Style F01000176, Ladies Africa Corset is constructed of woven polyester fabric coated on the outer surface with a clear polyurethane plastic material. The corset extends from the bust to below the waist and has a knit fabric lining, laces down the back, faux laces in the front and several vertical stays.

Style F01000178, Ladies Boudoir Corset is a 12-panel corset with substantial body supporting features. It is constructed of a woven fabric on the outer surface made of 55% polyester and 45% polyamide, and a knit cotton lining made of 100% cotton. The garment extends from the bust to below the waist and features sixteen flexible vertical stays, a front closure consisting of five heavy metal hooks, and a rear vertical adjuster consisting of a cord laced through 22 grommets. Black lace trim runs along the top and bottom edges of the garment. The textile category designation is 649.

Style F01000180, Ladies After Dark Corset is constructed of cellular polyurethane (PU) plastic material with a knit fabric backing that is present merely for reinforcing purposes. The garment is black with pink trim and features a lace-up front and is lined with textile fabric. The garment is considered made of plastic material of chapter 39.

The applicable subheading for the Ladies Africa Corset, style F01000176 will be 6210.50.5055, Harmonized Tariff Schedule of the United States (HTS), which provides for “Garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other women’s or girls’ garments: Of man-made fibers: Other, Other.” The duty rate will be 7.1% ad valorem. The textile category designation is 659.

     The applicable subheading for the Ladies Boudoir Corset will be 6212.30.0020, 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: corsets of man-made fibers.” The rate of duty will be 23.5% ad valorem.

  The applicable subheading for the Ladies After Dark Corset, style F01000180 will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves, mittens and mitts): Other: Other, Other.” The rate of duty will be 5% ad valorem.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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