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NY N011370





June 14, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. Joe Couret
Panalpina Inc.
207 East Bay Street
Suite 209
Charleston, SC 29401

RE: The tariff classification of a garter from China and Hong Kong

Dear Mr. Couret:

In your letter dated May 7, 2007, you requested a classification ruling on behalf of your client, Sweet and Vicious, LLC AKA Bubbles Bodywear. The sample submitted will be returned.

The submitted sample is referred to as a “Garter Elastic Band” which is worn around the leg and is a warp knit fabric constructed of 50% polyamide, 43% silicone and 7% elastomeric yarns. The inner portion of the elasticized band is lined with soft adhesive plastic strips that prevent it from pulling down on the wearer. The item also features a double vertical seam that contains a visible flatlock stitch finish.

The applicable subheading for the “Garter Elastic Band” will be 6212.90.0030, 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: other... of man-made fibers or man-made fibers and rubber or plastics. The duty rate 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/.

The “Garter Elastic Band” 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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