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NY M85112




August 10, 2006

CLA-2-62:RR:NC:TA:354 M85112

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Maria E. Julia
Newport News Holdings Corporation
711 Third Avenue
New York, New York 10017

RE: The tariff classification of a women’s body supporting garment from Brazil.

Dear Ms. Julia:

In your letter dated July 14, 2006, you requested a classification ruling. The provided sample will be returned as per your request.

Style F06-07-006 is a seamless constructed body-supporting garment made of a tightly knit 90% nylon 10% spandex fabric. The garment is part of the “Shape fx®” line and is being advertised as a “seamless convertible control slip”. The full slip-styled garment extends to the lower thigh area. The garment is distinctly tightly knit from below the cups to the bottom hem on the garment outer side edges providing control from the midriff to the thigh. Ribbed knitting is found down the center of the garment front from between the breasts to the lower abdomen, and also at the center of the garment back. A heat set rounded rear area shapes the buttocks. The item features padded underwire cups, a keyhole cut-out at the center upper back area with a quadruple adjustable double row of hook and eye closures, elasticized capping at the top of the garment, and a hemmed bottom. Two sets of removable adjustable shoulder straps were submitted with the sample.

The applicable subheading for Style F06-07-006 will be 6212.90.0030, 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: 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 F06-07-006 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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