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NY M83221




June 7, 2006

CLA-2-62:RR:NC:TA:354 M83221

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.20.0010; 6212.10.9020

Mr. Dennis Shostak
J.J.’s Mae Inc. dba Rainbeau
1812 Harrison Street
San Francisco, CA 94103

RE: The tariff classification of women’s garments from El Salvador, Egypt, Kenya, Lesotho, Indonesia, or Cambodia.

Dear Mr. Shostak:

In your letter dated May 12, 2006, you requested a classification ruling on behalf of J.J.’s Mae Inc. d.b.a. Rainbeau.

Three samples were submitted for review. Style M9472CA is a women’s racerback sports brassiere made of a knitted 45% cotton 45% polyester 10% spandex fabric with 2-ply construction at the front panel. The brassiere features a heavily elasticized bottom band measuring approximately 1-inch wide that is sewn into the bottom hem, a scoop front neckline, and fabric covered elasticized edges at the neckline and arm openings. Racerback sports brassieres are support garments provided for under 6212, HTSUS.

Style WA9499M is a women’s racerback crop-styled top constructed of a 90% cotton 10% spandex knitted fabric with the exception of the upper racerback portion which is made of a 95% nylon 5% spandex mesh fabric. The top is lined with a finely knitted fabric except at the racerback. The size large sample does not reach the waist, it measures approximately 13-inches in length from the top of the shoulder hem to the garment bottom. The garment features elasticized trim at the neckline and arm openings, and an elasticized band at the bottom hem. Crop-styled garments with shoulder straps and limited coverage of the neck are properly classified as tops under 6114, HTSUS.

We are returning your request for classification on Style KA9421K and any related samples, exhibits, etc. Section 177.7 of the Customs Regulations (19 C.F.R. §177.7) provides that rulings will not be issued in certain circumstances. Specifically, § 177.7(b) reads, in pertinent part:

No ruling letter will be issued with respect to any issue which is pending before the United States Court of International Trade, the United States Court of Appeals for the Federal Circuit or any court of appeal therefrom.

Beginning June, 2005, the issue of the classification of an upper body garment with a shelf bra has been filed with the United States Court of International trade by several different importers. Thus, the issuance of a classification ruling would be inconsistent with 19 C.F.R. §177.7(b). Therefore, the above referenced file is hereby administratively closed.

The applicable subheading for Style M9472CA will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

The applicable subheading for Style WA9499M will be 6114.20.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of cotton: Tops: Women’s or girls’. The duty rate will be 10.8% 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 M9472CA falls within textile category designation 649 and style WA9499M falls within textile category designation 339. 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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