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NY N014182




July 31, 2007

CLA-2-61:RR:NC:3:353

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.80.9510, 6212.90.0030

Michelle Mooring
Times Three Clothier, LLC
24500 Center Ridge Road, Ste 175
Westlake, OH 44145

RE: The tariff classification of a “Tummy Tube” and “Tummy Tee” from India and Taiwan.

Dear Ms. Mooring:

In your letter dated July 13, 2007, you requested a classification ruling. The samples will be returned to you.

The submitted samples are a “Tummy Tube” and “Tummy Tee.”

The item referred to as a “Tummy Tube” consists of two items packaged in a plastic tube. Both of the items are constructed of knit 100% cotton fabric. The tubes measure approximately 14 inches and are hemmed. One “Tummy Tube” is elasticized at the top and the other is elasticized at both ends. The “Tummy Tube” is worn just below the bustline and is designed for pregnant women as a layering accessory to get longer life and better fit from maternity tops and unbuttoned jeans, and to cover maternity panels.

The item referred to as a “Tummy Tee,” is a woman’s maternity underwear singlet. The top and bottom portion of the garment is made up of 100% cotton finely knit fabric and the middle portion is made up of tightly knit 79% polyester, 21% spandex two-ply fabric. The garment is designed to be worn against the skin and is intended to serve as a support garment during post-pregnancy. The essential character is imparted by the polyester/spandex fabric, which also makes up the majority of the garment. Other features include flatlock stitching at the seams and a hemmed bottom.

The applicable subheading for the “Tummy Tube” will be 6117.80.9510, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: other accessories: other: other: of cotton. The duty rate will be 14.6% ad valorem.

The applicable subheading for the “Tummy Tee” 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/.

The “Tummy Tube” falls within textile category 359; the “Tummy Tee” 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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