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NY L89189

January 10, 2006

CLA-2-62:RR:NC:TA:354 L89189


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 a body supporting garment from Mexico and other countries.

Dear Mr. Leonard:

In your letter dated December 8, 2005, you requested a classification ruling on behalf of Warnaco, Inc. The submitted sample will be returned as per your request.

Style 03357 is a bodyshaper that is constructed of a 77% polyamide 23% elastane knitted fabric with a flower pattern on the outer surface. Style 03357 is part of the “Body Nancy Ganz” line. The hangtag attached to the sample advertises that the bodyshaper features the “The Belly Band™”. A heavily elasticized band approximately 6-inches in length is sewn on the underside of the garment encircling the midriff and stomach area. The bodyshaper is lined with a mesh fabric from the top edges of the garment to the upper midriff area. The submitted size 36C garment features underwire soft fabric heat-set cups. Additional features include adjustable ½-inch wide elasticized rear shoulder straps, side seams, elasticized leg openings, and an adjustable hook and eye opening at the lined gusset crotch.

The applicable subheading for Style 03357 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, 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 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 03357 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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