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NY N005140




February 2, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave.
Suite 200
Atlanta, GA 30354

RE: The tariff classification of a body-supporting garment from China, Indonesia, or Thailand.

Dear Mr. Keller:

In your letter dated January 3, 2007, written on behalf of your client, Maidenform, Inc., you requested a classification ruling.

The submitted sample, style #CS361, is a body-supporting undergarment that is best described as a girdle. It is made of 76% nylon, 24% lycra elastane tightly knit fabric. The article measures approximately 26 inches in length from the waist down to the leg openings, which extend to just below the knees. The center front V-shaped panel at the tummy is made of a two-ply fabric, with the inner second ply of 72% nylon, 28% lycra elastane powernet fabric. The highly supportive undergarment provides body support throughout and also features a cotton gusset crotch liner.

Your suggested classification as an “other” body-supporting garment of subheading 6212.90, HTS, is not applicable as style #CS361, which is an undergarment designed to mold the lower torso and legs, is considered to be a girdle of subheading 6212.20, HTS. In your request you also refer to HQ 965621 to support your claim as an “other” body-supporting garment. This ruling is not applicable to the instant garment as the ruled upon garment was designed to be worn as an outerwear garment, not as an underwear garment. In addition, according to Fairchild’s Dictionary of Fashion, girdles are defined, in part, as undergarments that are designed to mold the lower torso and sometimes legsand extends from hip to ankle length. It also lists various types of girdles that are commonly found in the undergarment industry, including the “capri-length panty-girdle,” which is defined as a girdle extending about four inches below the knees, and the “pants liner” girdle, which comes over the knee to the calf or the ankle.

In this regard, as the submitted sample is worn as an undergarment that is designed to mold the lower torso and legs, it is properly classified as a girdle of subheading 6212.20, HTS.

The applicable subheading for the girdle 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 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/.

The girdle 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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