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NY M83386

June 2, 2006

CLA-2-62:RR:NC:TA:354 M83386


TARIFF NO.: 6109.90.1065; 6212.20.0020

Ms. Janette Chakeres
Discovery Direct, Inc.
335 Wedgewood Drive
Easton, PA 18045

RE: The tariff classification of women’s garments from Italy.

Dear Ms. Chakeres:

In your letter dated May 5, 2006, you requested a classification ruling.

Two garments were submitted for review. Style SCYC-01 is a women’s support garment constructed of a tightly knitted 85% nylon 15% elastane fabric. The size large sample garment measures approximately 17 inches from the garment top to the leg openings. A distinct heavy ribbed knit construction is found on the hemmed waistband, on the sides at the front, below the back waist area, outlining the derriere, and at the hemmed leg opening. The garment also features a sewn-in ribbed knit crotch panel. This garment provides substantial support and exhibits the structural characteristics of a girdle.

Style SVEST-01 is a women’s underwear camisole constructed of a knitted 85% nylon 15% elastane fabric. The garment is seamless with the exception of the seams at the top of the shoulder straps. A finely knit construction comprises the upper portion of the garment ending below the bust area at the front and below the shoulders at the back. A heat set bust area is outlined at the center and below the breasts with a distinct heavy ribbed knit construction that extends around to the garment back. The garment features shoulder straps that measure approximately 1-3/4 inches at the top of the shoulder, a scoop front neckline, a rounded back neckline, and a hemmed bottom. You suggested classification as a brassiere, however, the camisole does not possess sufficient support to warrant classification as a garment within subheading 6212, HTSUS.

The applicable subheading for Style SCYC-01 will be 6212.20.0020, 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: Girdles and panty-girdles. . . Of man-made fibers. The general rate of duty will be 20 percent ad valorem.

The applicable subheading for Style SVEST-01 will be 6109.90.1065, HTSUS, which provides for T-shits, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers . . . Women’s or girls’: Tank tops and singlets: Women’s. The duty rate will be 32 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 SCYC-01 falls within textile category designation 649 and Style SVEST-01 falls within textile category designation 639. 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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