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NY N011853




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. Peter Salvato
Import Commodity Group Ltd
131 East Merrick Road
Valley Stream, N.Y. 11580

RE: The tariff classification of a shaping slip from China.

Dear Mr. Salvato:

In your letter dated May 21, 2007, written on behalf of your client, Fredricks of Hollywood, you requested a classification ruling.

You have submitted a sample of what you refer to as a “Lace Shaper Chemise,” style #53005, made up of a two-ply 75% nylon, 25% spandex knit fabric, the outer layer featuring embroidered designs. The undergarment is a full-length body supporting shaping slip that extends from the bust to the thighs. The article features a center front sixteen hook and eye closure with two angled vertical straps measuring approximately 12½ and thirteen inches located on either side of the front of the garment extending from the bust to the waist. Additional features include elasticized, adjustable and removable shoulder straps measuring approximately ¾ inches wide, and a warp knit openwork narrow elastic fabric band, with an in-wrought design, sewn along the bottom edge of the garment as well as along the top edge of the front portion of the garment, which feature two silicone strips on the underside of each band to prevent the article from moving once positioned on the body.

The applicable subheading for style #53005 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% 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 #53005 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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