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NY N016934




October 5, 2007

CLA-2-61:OT:RR:NC:TA:354

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. George Keller
Customs Advisory Services, Inc.
1003 Virginia Ave.
Suite 200
Atlanta, GA 30354

RE: The tariff classification of a body supporting garment from China and Indonesia.

Dear Mr. Keller:

In your letter dated September 6, 2007, you requested a classification ruling on behalf of your client, Maidenform, Inc.

The submitted sample, style CS440, is an upper body support garment made of a warp knit fabric constructed of 81% nylon and 19% elastane. The tight fitting garment extends from the top of the bust to the hip and features two-ply support panels throughout, a visible overlock stitch finish along the back center seams and along the low cut u-shaped front and the slightly u-shaped back. The five-panel garment features a full frontal opening that is secured by fifteen single hook and eye closures, two vertical side stays, adjustable elasticized shoulder straps, and the inside of the garment’s unfinished fabric edge bottom is bordered by a soft adhesive strip to help keep the garment in place. According to your submission, the stated purpose of the garment is to support the stomach, and to hold in bulges along the wearer’s sides and upper back.

The applicable subheading for style CS440 will be 6212.90.0030, 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: otherof man-made fibers. 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 CS440 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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