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NY L89510




January 18, 2006

CLA-2-62:RR:NC:TA:354 L89510

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

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 Honduras and other countries.

Dear Mr. Leonard:

In your letter dated December 16, 2005, you requested a classification ruling on behalf of Warnaco, Inc. The submitted sample will be returned as per your request.

Style 08386 is an all-in-one foundation garment constructed of a tightly knit 88% nylon 12% elastane fabric. The provided sample is labeled as part of the “Body Nancy Ganz” line with a hangtag that advertises the garment as a firmly shaping unitard. The garment features soft fabric underwire cups, adjustable elasticized shoulder straps, side seams, a two panel back with a center seam, hemmed legs that extend to the thigh area, inner leg panels that are open at the crotch, and a ½-inch wide elasticized band sewn across the underside of the top edge of the garment back. The pull-on tight fitting all-in-one foundation garment shapes the body from the bust to the thigh area.

The applicable subheading for Style 08386 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, 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.

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 08386 falls within textile category designation 659. 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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