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NY L84752

June 7, 2005

CLA-2-61:RR:NC:TAB:354 L84752


TARIFF NO.: 6109.90.1065

Mr. Mearle L. Haarbauer
Jockey International, Inc.
2300 60th street
P.O. Box 1417
Kenosha, Wisconsin 53141-1417

RE: The tariff classification of a woman’s camisole from Portugal or Sri Lanka.

Dear Mr. Haarbauer:

In your letter dated May 3, 2005, you requested a tariff classification ruling.

You have submitted a sample of a woman’s underwear camisole constructed of 80% nylon and 20% spandex, style# 2528 that you state is a support garment that will be featured in your Shapewear Line. The hangtag that will be affixed to the garment has not yet been developed, but may describe it as an “underwire camisole.” The garment is knit-to-shape, and measures approximately twelve inches in length from the top of the garment to the hemmed bottom. It also features built-in underwire outlining the bottom of the heat-set fabric cups, adjustable shoulder straps, and fabric covered elasticized trim along the top of the garment.

We do not agree with your suggested classification of 6212.10.9020, HTS, because, although it possesses supportive features, the garment is best described as a tight fitting underwear camisole rather than a support bra.

The applicable subheading for the women’s underwear camisole, style# 2528 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTS), which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fiberswomen’s or girls: tank tops and singlets: women’s. The rate of duty will be 32% 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 Deborah Marinucci at 646-733-3054.


Robert B. Swierupski

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