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NY M85657




August 30, 2006

CLA-2-62:RR:NC:TAB:354 M85657

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Mr. John Nagel
Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th floor
Winston-Salem, NC 27105

RE: The tariff classification of a woman’s support garment from Dominican Republic.

Dear Mr. Nagel:

In your letter dated August 1, 2006, you requested a tariff classification ruling.

You have submitted a sample of what you refer to as a woman’s shapewear legging, style #DB4206, constructed of a tightly knitted 80% nylon, 20% spandex fabric. The size extra large knit-to-shape garment is part of the “barely there” shapewear line. It measures approximately 23 inches from the self-fabric hemmed garment top to the self-fabric hemmed leg openings. A heat-setting process at portions of the lower rear helps to re-shape the wearer’s buttocks. The garment also features a sewn-in crotch panel. This garment provides substantial support and exhibits the structural characteristics of a girdle.

The applicable subheading for style # DB4206 will be 6212.20.0020, 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, girdles and panty-girdlesof man-made fibers. The rate of duty will be 20% 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/.

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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