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NY L89185

January 10, 2006

CLA-2-62:RR:NC:TA:354 L89185


TARIFF NO.: 6212.10.9020

Mr. Daniel M. Bazua
R. L. Jones Customhouse Brokers, Inc.
444 N. Cesar Chavez Street
San Luis, AZ 85349

RE: The tariff classification of a brassiere from Mexico.

Dear Mr. Bazua:

In your letter received December 13, 2005, you requested a classification ruling on behalf of Manufacturas Meca, S.A. de C.V.

Style 35078 is a ladies’ underwire brassiere constructed of 84% nylon 16% spandex knitted fabric. The brassiere features soft fabric cups that are trimmed with lace at the upper edges of the cups extending partially up the front shoulder straps. Additional features include a mesh lining on the cups, adjustable elasticized shoulder straps, 3 rows of hook and eye closures with a triple adjustment at the rear. The essential character of the brassiere is imparted by the man-made fabric of the cups, properly classifiable under 6212.10.9020, HTS. The brassiere does not contain a significant amount of lace to warrant classification under 6212.10.5020, HTS.

The applicable subheading for Style 35078 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: Other: Other . . . Of man-made fibers. The general rate of duty will be 16.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Style 35078 falls within textile category designation 649. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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