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NY N005453




February 13, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int’l Airport Center
Suite 250
Jamaica, NY 11413

RE: The tariff classification of a body supporting garment from Hong Kong.

Dear Ms. Beckford:

In your letter dated January 12, 2007, you requested a classification ruling on behalf of H & M Hennes & Mauritz LP. The submitted sample will be returned as per your request.

Style 242580/1336 is a merry widow constructed of nylon and elastane knit fabric with 7 panels. The three panels at the front of the garment are of two-ply fabric, with the inner ply made of powernet fabric. The remainder of the panels that make up the garment are made of knit fabric that stretches easily in both the vertical and horizontal direction. The center front v-shaped panel also contains an additional outer layer of knitted net fabric, which is also featured along the top portion of the cups. A decorative ruffle made of a knitted net fabric runs along the bottom of the garment, outlines the top edge of the cups, and decorates a portion of the shoulder straps. The garment features molded underwire cups with removable foam padding, 4 flexible stays, and a 14 hook and eye triple adjustable closure at the back. The garment also features adjustable shoulder straps and four garter straps sewn to the bottom of the garment.

The applicable subheading for style 242580/1336, merry widow, will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, 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 242580/1336 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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