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NY N003050




December 4, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Dottie Salter
VF Intimates, LP
3025 Windward Plaza, Suite 600
Alpharetta, GA 30005

RE: The tariff classification of a woman’s body supporting garment from China.

Dear Ms. Salter:

In your letter dated October 26, 2006, you requested a classification ruling.

You describe the submitted sample, style #5302536, as a woman’s support undergarment. The one-piece undergarment will be marketed as an “Invisibly Smooth Body Shaper,” with the brand name “Curvation.” It features a double hook and eye triple adjustable closure at the crotch, adjustable, partially elasticized shoulder straps that are padded at the front portion, underwire seamed and lined cups, and a two-ply control panel at the front center portion of the garment. It is made of knitted 84% nylon and 16% spandex at the cups, 85% nylon and 15% spandex at the sides, 100% nylon at the front center portion that resists the horizontal and vertical stretch, and 82% nylon and 18% spandex at the bottom and back portions. This garment is designed to provide body support.

The applicable subheading for style #5302536 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: otherof man-made fibers or man-made fibers and rubber or plastics. The duty rate 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/.

Style #5302536 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 646-733-054.

Sincerely,

Robert B. Swierupski
Director,

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