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NY N015528

August 22, 2007



TARIFF NO.: 6212.90.0030

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave.
Suite 200
Atlanta, GA 30354

RE: The tariff classification of a body supporting garment from China or Indonesia.

Dear Mr. Keller:

In your letter dated August 7, 2007, written on behalf of your client, Maidenform Inc., you requested a classification ruling.

You have submitted a sample of an all-in-one foundation garment, style #5056, constructed of a tightly knit 59% nylon and 41% spandex powernet fabric. A two-ply panel encircles the garment from below the bust to the lower abdomen at the front, and from the upper buttock area to the top of the back. The bust area and shoulder straps are constructed with a two-ply fabric and a powernet band. The garment features a knitted fabric open crotch panel to which is sewn two 5½ inch long powernet bands that are designed to encircle the upper thighs. The powernet leg bands have selvedged edges. A 1 1/16 elasticized band is sewn across the underside of the garment and encircles the garment from under the bust to across the top of the back. You also state that the garment will be available in sizes medium to extra, extra large. The pull-on, tight fitting foundation garment shapes the body from the bust to the thigh area.

The applicable subheading for style #5056 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, 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 #5056 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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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