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NY N026185




May 9, 2008

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6208.91.3010, 6212.30.0010

Ms. Kim Jones
Harry F. Long, Inc.
608 Lambert Pointe
Hazelwood, MO 63042

RE: The tariff classification of women’s undergarments from China.

Dear Ms. Jones:

In your letter dated April 8, 2008, written on behalf of your client, Panda Export-Import, you requested a classification ruling.

Item #6 is a woman’s waist cincher (corset) that you state is made up of 65% cotton and 35% polyester jacquard woven fabric that resists both the horizontal and vertical stretch. The ten-panel undergarment extends from below the bust down to the hipline and features eight vertical stays, eighteen single hook and eye side closures, a full front opening that is secured by tightening a satin ribbon through thirteen rows of metal eyes, and four detachable garters. The coordinating G-string styled panty features a V-shaped front panel and is secured to the body by elasticized straps around the waist and at the back.

Item #7 is a woman’s waist cincher (corset) that you state is made up of 65% cotton and 35% polyester jacquard woven fabric that resists both the horizontal and vertical stretch. The twelve-panel undergarment covers the bust and extends from the bust down to the hipline and features ten vertical stays, fourteen single hook and eye side closures, a full back opening that is secured by tightening a satin ribbon through nine rows of metal eyes, and four detachable garters. The coordinating G-string styled panty features a V-shaped front panel and is secured to the body by elasticized straps around the waist and at the back.

Item #10 is a waist cincher (corset) that you state is made up of 65% cotton and 35% polyester woven fabric that resists both the horizontal and vertical stretch. The eight-panel undergarment covers the bust extends from the bust down to the hipline and features four vertical stays, twelve single hook and eye front closures, a full back opening that is secured by tightening a satin ribbon through eight rows of metal eyes, and four detachable garters. The undergarment also features seamed underwire cups and detachable, elasticized shoulder straps. An opening below each underwire cup is secured by tightening a satin ribbon through eight rows of metal eyes. The coordinating G-string styled panty features a V-shaped front panel and is secured to the body by elasticized straps around the waist and at the back.

All three garments are designed to shape the torso and exhibit the structural characteristics of corsets.

The applicable subheading for the waist cincher (corset) of items #6, #7, and #10 will be 6212.30.0010, 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: corsetsof cotton. The duty rate will be 23.5% ad valorem.

The applicable subheading for the G-string styled panties of items #6, #7, and #10 will be 6208.91.3010, HTSUS, which provides for women’s or girls’ singlets and other undershirts, slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles: other: of cotton: other: women’s. The duty rate will be 11.2% 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 waist cinchers (corsets) fall within textile category 349 and the G-string styled panties fall within textile category 352. 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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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