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NY N020619




December 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020, 6212.90.0030

Mr. Mike Daly
Livingston International Trade Services Inc. 97 Route 2 South
Alburgh, VT 05440

RE: The tariff classification of body supporting garments from Canada.

Dear Mr. Daly:

In your letter dated November 30, 2007, written on behalf of your client, Christina, you requested a classification ruling.

Your request covered 14 items. However, ruling requests must be limited to a maximum of 5 items in order to be accepted. As the items are of the same class or kind, this ruling will address the submitted garments. You have submitted various body supporting undergarments all made of a tightly knit 75% nylon and 25% Lycra spandex fabric.

The following styles are highly supportive, feature hemmed waists and hemmed leg openings, and reshape the waist, hips, some also reshaping the upper thighs and legs, with various change in knit patterns and/or heat set designs to help shape the rear and legs of the wearer. The following styles all provide substantial support and exhibit the structural characteristics of girdles or panty girdles:

Style #46820L “Short Lipo In” extends from the waist to the upper thighs. Style #46821L “Short H-Waist” a high-waisted girdle extending from above the waist to the upper thighs. Style #46811L “Panty H-Waist” a high waisted panty brief Style #46850L “Capri Lipo In” extending from the waist to the knees Style #46841L “Thong H-Waist” a high waisted thong styled brief Style #46851L “Hi-Waist Capri” extending from above the waist to below the knees Style #46810L “Panty Lipo In” a panty girdle

The following are all-in-one foundation garments that support the bust, abdominal area, and/or buttocks and thighs with various features such as heat-set cups, elasticized adjustable shoulder straps and heat-set designs that shape the rear and/or legs of the wearer:

Style #46000L “Bodysuit without underwire” Style #46302L “Bodysuit Long Leg” with underwire at the cups Style #46015L “Thong Bodysuit” with underwire at the cups Style #46001L “Bodysuit with Underwire” with underwire at the cups Style #46300L “Bodysuit Long Leg”
Style #46301L “Bodysuit Capri” capri length extending to below the knees with underwire at the cups

You have also submitted a sample of a support camisole, style #46630L “Tankini with underwire” featuring heat set cups with underwire, elasticized adjustable shoulder straps, and a hemmed bottom. The underwear camisole is highly supportive throughout and extends to below the waist.

The applicable subheading for the aforementioned styles of girdles and panty girdles 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 the aforementioned styles of all-in-one foundation garments, as well as the support camisole 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% 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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