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NY N002914




December 4, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Ms. Leigh Beckford
Vandegrift Forwarding Co., Inc.
230-19 Intl. Airport Center, Suite 250
Jamaica, N.Y. 11413

RE: The tariff classification of a woman’s undergarment from China.

Dear Ms. Beckford:

In your letter dated November 1, 2006, written on behalf of your client, H & M Hennes Mauritz LP, you requested a tariff classification ruling.

Your submitted sample, item #779800/1336, is a woman’s long-line brassiere that you state is made of nylon and spandex knit fabric. The garment features two padded underwire cups with additional removable padding, six stays, adjustable shoulder straps and thirteen hook and eye triple adjustable rear closures. You state that it will be sold in brassiere sizes 32A – 36C.

The applicable subheading for the brassiere 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: otherof man-made fibers. The rate of duty will be 16.9% 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/.

Item #779800-1336 falls within textile category 649. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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