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NY M86451

October 5, 2006

CLA-2-62:RR:NC:3:354 M86451


TARIFF NO.: 6212.10.9020

Ms. Beth C. Ring
Sandler, Travis & Rosenberg, P.A.
551 Fifth Avenue
New York, NY 10176

RE: The tariff classification of a woman’s bralette from China.

Dear Ms. Ring:

In your letter dated September 14, 2006, on behalf of CDL USA, Inc., you requested a classification ruling. The sample will be retained for our files.

Style Number 08-19003 is a woman’s seamless bralette constructed of 94% nylon and 6% lycra knitted fabric, with elasticized self-fabric capping sewn along the top edges of the garment that also extends to form ¼ inch wide shoulder straps. The soft, stretch fabric bralette features a scooped neckline and a scooped back, and reaches to just below the bust, measuring approximately eleven inches from the top of the shoulder straps to the garment bottom. No closure apparatus exists. The area at the bust is outlined by a change in knit pattern, which provides shaping for the bust, with a heavier ribbed knit construction at the area below the bust. The bralette also features a tightly knit, elasticized, self-fabric hemmed bottom band, measuring approximately one inch wide. This garment provides sufficient support for the wearer and is therefore classified as a body-supporting garment.

The applicable subheading for style number 08-19003 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: brassieres: other: other, of man-made fibers. The duty rate 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 Number 08-19003 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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