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NY L89188




January 12, 2006

CLA-2-62:RR:NC:TA:354 L89188

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Mr. Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor
New York, New York 10022-4877

RE: The tariff classification of a body supporting garment from Mexico and other countries.

Dear Mr. Leonard:

In your letter dated December 8, 2005, you requested a classification ruling on behalf of Warnaco, Inc. The submitted sample will be returned as per your request.

Style 8398 is a “Body Nancy Ganz” labeled half slip-styled body supporting garment constructed of a tightly knit 57% nylon 45% elastane fabric. The submitted size large garment measures approximately 16-1/2 inches in length. A heavily elasticized band approximately 6-inches in length is sewn on the underside encircling the entire top of the garment. The garment features side seams and a hemmed bottom. The garment functions as a girdle providing support and shaping to the lower torso. Girdles are provided for under 6212.20.0020, HTSUS. Therefore, your suggestion for classification under 6212.90.0030, HTSUS, is not applicable.

The applicable subheading for Style 8398 will be 6212.20.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: Girdles and panty-girdles . . . Of man-made fibers. The rate of duty will be 20 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 8398 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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