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NY F84321




April 12, 2000

CLA-2-62:RR:NC:TA:354 F84321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.20.0010

Mr. Bernard Adrien
Fritz Starber Inc.
413, St-Nicolas
Bureau 300
Montreal, Quebec
Canada H2Y-2P5

RE: The tariff classification of a girdle from Italy.

Dear Mr. Adrien:

In your letter dated March 9, 2000, you requested a tariff classification ruling on behalf of M.I.H. International Inc. The provided sample will be returned as per your request.

The provided sample, style 370, is a women's undergarment for the lower body. The girdle which measures approximately 22-1/4 inches from the hemmed waist to the hemmed bottom is constructed of a 80% cotton 20% elastane knitted fabric. The undergarment features an open crotch and a 7 metal hook and eye front closure. The undergarment will also be available as style 371 with no opening at the crotch.

Regarding your claim of classification in heading 9021, whether or not it is possible to identify this item as specifically designed to provide support after lipo-suction procedures, it is excluded from classification in Chapter 90 by its Note 1-b, which excludes “support articles of textile materials, whose intended effect on the organ to be supported or held derives solely from their elasticity...”. Its stated purpose is the “containment and compression of abdomen.”

Please note that ruling requests of wearing apparel items require the submission of a sample garment for review. As your request only included a sample of one style (370), our reply was limited to that garment.

Additionally, please be advised that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for styles 370 and 371 will be 6212.20.0010, 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 cotton. The rate of duty will be 22 percent ad valorem.

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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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