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NY N012150




June 29, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.30.0020

Peter Salvato
Import Commodity Group Ltd
131 East Merrick Road
Valley Stream, NY 11580

RE: The tariff classification of a waist cincher from China.

Dear Mr. Salvato:

In your letter dated May 31, 2007 you requested a classification ruling on behalf of your client, Fredrick’s of Hollywood. The sample provided will be returned.

Style 53002 is referred to as a “Waist Cincher” and is composed of 75% nylon and 25% spandex knit fabric. The eight-panel garment extends to below the hip and features a full frontal opening made up of 13 single hook and eye closures. An elasticized band is featured on the inner top and bottom of the garment, which helps to keep the garment in place on the wearer. The two-ply panels have an outer layer that is embroidered. In addition, there are two front vertical stays that measure approximately 10 ¼ inches, two side vertical stays that measure approximately 11 inches and three back vertical stays that measure approximately 11 inches.

The applicable subheading for the “Waist Cincher” will be 6212.30.0020, 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: corsets, of man-made fibers. The rate of duty will be 23.5% 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 53002 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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