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NY 817810

January 12, 1996

CLA-2-62:RR:NC:WA: 354 817810


TARIFF NO.: 6212.20.0020; 6212.90.0030

Ms. Mary B. Applegate
NCC Industries, Inc.
P.O. Box 5428
Cortland, NY 13045

RE: The tariff classification of girdles and a garter belt from the Dominican Republic.

Dear Ms. Applegate:

In your letter dated December 18, 1995, you requested a classification ruling.

You have submitted four samples. Style 3075 (401-235) is a panty girdle (brief) made from 84% nylon and 16% spandex knit fabric. The garment features a 3" highly elasticized exposed waistband, two overlapping triangular shaped panels at the front and control panels on the back.

Style 6038 (730-012) is a women's garter belt. The item is constructed from a 73% nylon and 27% spandex knit "lace-like" fabric. The garment features four adjustable garters and an elasticized waist.

Style 1056(401-189) is a girdle of 70% nylon and 30% spandex (powernet) fabric. The garment features a V-shaped two ply control panel at the front and back, a highly elasticized waist and six garters.

Style 3625 (401-193), is a panty girdle of 80% nylon and 20% spandex knit fabric. The high waisted garment features three chevron shaped two ply control panels at the front, four stays, elasticized leg openings and a bra-type hook and eye adjustable closure at the crotch. The highly elasticized garment is designed to provide body support.

The applicable subheading for styles 3075, 1056 and 3625, will be 6212.20.0020, Harmonized Tariff Schedule of the United States (HTS), 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 fiber. The duty rate will be 24 percent ad valorem.

The applicable subheading for style 6038, will be 6212.90.0030, HTS, 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 6.9 percent ad valorem.

Styles 3075, 1056 and 3625 fall within textile category designation 649. Style 6038 falls within textile category 659. Based upon international textile trade agreements products of the Dominican Republic are subject to the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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