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NY L89186

January 10, 2006

CLA-2-62:RR:NC:TAB:354 L89186


TARIFF NO.: 6212.90.0030

Mr. Kevin W. Leonard
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor
New York, New York 10022-4877

RE: The tariff classification of apparel from Dominican Republic and other countries.

Dear Mr. Leonard:

In your letter dated December 8, 2005, written on behalf of your client, Warnaco Inc., you requested a tariff classification ruling. The sample will be retained for our records.

You have submitted a sample of a two-piece article, style #8312 called “Svelte Belts,” that will be sold together and marketed under the “Body Nancy Ganz” label. It is comprised of two separate bands of tightly knitted fabric made of 80% nylon and 20% elastane. The advertising information submitted describes them as “unique bands to enhance your figure” for “lifting, smoothing, shaping.” The advertising also shows that the body bands can be worn on different parts of the torso, they can be worn separately or together, and can even be doubled up, depending on what areas of the torso the wearer wants to support. The bands are worn against the skin and will be sold in sizes ranging from small to extra large. Size large body bands were submitted. One band measures 13 inches in length, and the other band measures 5 ½ inches in length, both measuring approximately 13 inches wide. Each is made of one panel of fabric, sewn closed on one side in order to create a circular band with a top and bottom opening. An elasticized band measuring approximately ½ inch is featured along the underside of the top and bottom edge of each body band, with a thin strip of rubberized plastic adhered to it in order to prevent the article from moving once positioned on the body.

The applicable subheading for the Svelte Belts will be 6212.90.0030, 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: other, of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6% 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/.

The “Svelte Belt” falls within textile category designation 659. 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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