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NY N004382




January 8, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Ms. Janette Chakeres
Discovery Direct, Inc.
335 Wedgewood Drive
Easton, PA 18045

RE: The tariff classification of maternity support garments from Italy.

Dear Ms. Chakeres:

In your letter dated December 5, 2006, you requested a classification ruling.

You have submitted samples for two styles of seamless maternity support garments, made of a tightly knit 85% nylon and 15% elastane. Style #SMAT-01 is for women between the second and sixth month of pregnancy and style #SMAT-02 is for women between the seventh and ninth month of pregnancy. Both styles are designed to be worn against the skin, under other garments, and are intended to serve as support garments during pregnancy. Both garments measure approximately 19 inches from the waist to the bottom hemmed leg openings, and do not cover or extend below the knees. Using a change in knit pattern, both styles feature a heavy ribbed knit construction at the garment top, at the lower back area for back support during pregnancy, also outlining the buttocks and extending to the crotch area, as well as making up the sewn-in crotch panel. An expandable pouch area is located at the front to accommodate a growing baby. A knitted band under the belly that measures three inches along the widest portion provides support to a growing belly and relieves pressure, and the highly elastomeric fabric used throughout the garment provides shaping for thighs, waist, and buttocks. These garments provide substantial support and exhibit the structural characteristics of a girdle.

The applicable subheading for the garments 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-girdles, of man-made fibers. The duty rate 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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