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HQ 950655

January 28, 1992

CLA-2 CO:R:C:T 950655 JS

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0020

Richard M. Wortman
Grunfeld, Desiderio, Lebowitz
& Silverman
12 East 49th Street
New York, NY 10017

RE: Slip; girdle; classifiable heading 6212, HTSUSA

Dear Mr. Wortman:

This is in reference to your letter of September 24, 1991, on behalf of Mast Industries (Far East) Ltd., requesting classification of a woman's woven garment imported from Hong Kong.

FACTS:

Style no. VSD028, a sample of which was provided for our inspection, is a women's knit undergarment for the lower body. It is made of 90 percent nylon/10 percent spandex with a highly elasticized two-inch waistband and a three inch scalloped lace trim at the bottom, which is also elasticized. An underlaid triangular panel is sewn onto the front of the garment. It is 7 inches wide at the waist and extends approximately 8 inches into a V-shape, which on the inside, extends even further and attaches to the back to form a built-in crotch. The crotch portion of this panel is lined with a cotton gusset.

The garment itself stretches only in one direction, longitudinally. The same is true of the front panel which is additionally reinforced for control.

You state that this garment is a woman's woven slip and as such should be classified under heading 6208, HTSUSA. Enclosed with your request is a page from Victoria's Secret catalogue which depicts the garment and refers to it as a stretch satin slip.

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ISSUE:

Whether the design and construction of the sample garment qualifies it for classification as a slip of heading 6208.

LAW AND ANALYSIS:

Heading 6208 is an inappropriate consideration for classification of this garment for a number of reasons. First, it provides for woven garments and the article at issue is clearly of a knit construction. Nonetheless, in case the importer intended to request classification under heading 6108, which provides for knit slips, the following discussion is relevant to the issue.

The HTSUSA does not provide any definition of the term "slip." Therefore, we look to the common meaning and find that Webster's II New Riverside University Dictionary defines slip as a woman's undergarment, serving as a lining for a dress. The Fashion Dictionary (1973) by Mary Brooks Picken, defines this garment as an "underslip usually made the length of the dress with which it is to be worn. Takes place of lining," and a bias slip as a "slip cut on bias of the fabric. Hugs the figure more closely than slip cut lengthwise and is less likely to show," and a half slip is "any of the various types of slips starting at the waistline." The same source defines bias as:

Line taken, in folding or cutting material, diagonally across warp and woof threads.-true b. In fabric, a diagonal line running at angle of 45 degrees to selvage. Undergarments are sometimes cut on true bias to prevent sagging, twisting, riding up and to insure better wear.

Inspection of the sample indicates that there is no bias since the fabric, in this instance, was cut horizontally rather than diagonally across warp and woof threads. And, although the garment may be used as a slip, it has many support features which preclude it from classification as a slip.

Heading 6212 provides for girdles and similar articles, whether or not knitted or crocheted. Explanatory Note 62.12 includes articles of a kind designed for wear as body supporting garments, which may be made of any textile material including knitted fabrics (whether or not elastic). These articles may be furnished with trimmings of various kinds (ribbons, lace, etc.). The Essential Terms of Fashion by Charlotte Mankey Calasibetta defines a girdle as an "undergarment worn by women and girls, designed to mold lower torso and sometimes legs; may be flexible two-way stretch or one-way stretch elastic with non-stretchable

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fabric panels. Cuff-top girdles are pull-on or zippered girdles that extend above the waistline with a wide band of elastic at the top.

The present garment is made of one-way stretch fabric with spandex, which provides light support, flexibility and shape in the area of the stomach and hips. The stomach is further controlled by the additional panel, and the wide elastic at the top helps to taper the waist in the manner of a cuff-top. The decorative stretchable lace at the bottom constitutes trim. Thus, although this merchandise may be called by a variety of names, its support features are determinative and classification as a slip is deemed inappropriate.

HOLDING:

The merchandise at issue is classified under subheading 6212.20.0020, HTSUSA, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles, of man-made fibers, textile category 649, dutiable at the rate of 25 percent ad valorem.

The designated textile and apparel category may be subdivided into parts. If so, the visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest your client check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service , which is updated weekly and is available for inspection at your local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) and the restraint (quota/visa) categories, your client should contact the local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements.

Sincerely,

John Durant, Director
Commercial Rulings Division

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