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NY B86091

June 18, 1997

CLA-2-62:RR:NC:TA:354 B86091


TARIFF NO.: 6212.90.0030

Mr. Philip Bloom
Kuehne & Nagel Airfreight, Inc.
JFK Branch
156-15 146 Avenue
Jamaica, New York 11434

RE: The tariff classification of a bodyshaper from the Philippines.

Dear Mr. Bloom:

In your letter dated May 23, 1997, filed in behalf of Biflex International, Inc., you requested a classification ruling.

Style 129-4528 is a bodyshaper made of 78% nylon 22% lycra spandex. The garment features fiberfill cups and a two ply control panel at the front. In addition, it has adjustable shoulder straps, elasticized leg openings and a bra-style hook and eye adjustable closure at the crotch. The highly elasticized garment is designed to provide body support.

Regarding your claim that the garment was designed as an aid for women with lower back and/or abdominal problems that require rigid support, Customs has defined orthopedic appliances as articles that are generally worn on the person and used in the correction of body disabilities which are most often of an incapacitating nature. They are specially designed for a particular orthopedic purpose. The are professionally prescribed and are available through professional outlets. Multipurpose skin compression or body support articles which are available in ordinary retail stores are not, for purposes of tariff classification, considered orthopedic devices.

The applicable subheading for style 129-4528 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces suspenders, garters and similiar 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.

Style 129-4528 falls within textile category designation 659. Based upon international textile trade agreements products of the Philippines are subject to quota and 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 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 Brian Burtnik at 212-466-5880.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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