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NY M85880

September 15, 2006

CLA-2-62:RR:NC:TA:354 M85880


TARIFF NO.: 6212.10.9020

Ms. Leigh Beckford
Vandegrift Forwarding Company, Inc.
230-19 Int’l. Airport Center, Suite 250 Jamaica, NY 11413

RE: The tariff classification of a brassiere from China.

Dear Ms. Beckford:

In your letter dated August 17, 2006, you requested a classification ruling on behalf of H & M Hennes & Mauritz LP. The provided sample will be returned as per your request.

Style 831830/1338 is a long-line brassiere constructed of seven panels with padded underwire cups. Man-made raschel lace-like fabric comprises the center front panel, inserts across the center of the cups extending to the front side panels, and also inserts at the lower section of two back panels. An open-work knitted man-made fabric is found at the balance of the cups and the lower front side panels. The balance of the front and back side panels are made of a man-made mesh fabric. A double adjustable 13 hook and eye rear closure is centered between two finely knitted fabric rear panels. A finely knitted 100% nylon fabric lines the front and side panels. Flexible stays measuring approximately 9-1/4 inches in length are found at either side of the brassiere. Additional features include removable adjustable elasticized shoulder straps and a hemmed bottom. A size 34B was submitted for review.

The applicable subheading for the brassiere 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/.

The garment falls within textile category 649. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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