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NY N014146




August 10, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020, 6212.90.0030

Mr. Richard Alcantar
Brown, Alcantar & Brown, Inc.
9630 Plaza Circle
El Paso, TX 79927

RE: The tariff classification of body supporting undergarments from Mexico.

Dear Mr. Alcantar:

In your letter dated May 14, 2007, written on behalf of your client, Shapers & Accessories Inc., you requested a classification ruling.

You have submitted various body supporting undergarments constructed of tightly knitted fabric. The following three items are constructed of 80% polyamide, 14% elastane, 4% cotton and 2% polyester:

Item #6 “Body Shaper/Girdle with Panty” is an all-in-one foundation garment made up of eight two-ply panels, seven vertical stays, elasticized leg openings, a front opening secured by thirteen metal hooks and a triple row of metal eyes which allows for size adjustment, and three rows of double adjustable metal hooks and eyes at the lined crotch. In addition, the 1½ inch wide shoulder straps feature six rows of double adjustable hooks and eyes at the front of the straps. The garment provides substantial support along the back, waist, hips and buttocks.

Item #8 “Body Shaper/Girdle Strapless” is a woman’s support undergarment made up of eight 2-ply panels with seven vertical stays and a front opening secured by twelve metal hooks and a triple row of metal eyes. Leg extensions extend to the upper thighs and are trimmed with 2½ inches of stretch lace featuring an application of two rubber/plastics strips on the underside in order to secure the garment on the wearer’s body. A shirred effect at the center of the garment rear reshapes the buttocks as well. The garment provides substantial support to the waist, hips, and upper thighs and exhibits the structural characteristics of a girdle.

Item #9 “Brazalette (Support & Control Biceps)” is a compression upper body garment that resembles a form-fitting cropped bolero with ¾ sleeves. The bottom of the garment and sleeves are trimmed with approximately 2½ inches of stretch lace that features an application of rubber/plastics strips on the underside in order to secure the garment on the wearer’s body. The lace portion also features a front opening secured by two metal hooks and a triple row of metal eyes.

The following two items are constructed of 84% polyamide and 16% elastane:

Item #7 “Compression T-Shirt for Men” is a body-supporting singlet styled undershirt with a 2-ply middle panel that encircles the waist, and 2-ply “X” shaped strips across the upper back designed to provide extra support to the upper back as well.

Item #10 “Re-Shaping Camisole for Women” is the woman’s version of item #7, and features a 2-ply middle panel that encircles the waist and 2-ply “X” shaped strips across the upper back designed to provide extra support to the upper back as well. The undergarment also features 2½ inches of stretch lace trim at the bottom of the garment with an application of rubber/plastics strips on the underside to secure the garment on the wearer’s body.

The applicable subheading for item #8 will be 6212.20.0020, 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: girdles and panty-girdlesof man-made fibers. The duty rate will be 20% ad valorem.

The applicable subheading for items #6, #7, #9 and #10 will be 6212.90.0030, 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/.

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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