The tariff classification of a body supporting garment from China and other countries.

NY L89187 January 10, 2006 CLA-2-62:RR:NC:TA:354 L89187 CATEGORY: Classification TARIFF NO.: 6212.90.0030 Mr. Kevin W. Leonard Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue – 25th Floor New York, New York 10022-4877 RE: The tariff classification of a body supporting garment from China and other countries. Dear Mr. Leonard: In your letter dated December 8, 2005, you requested a classification ruling on behalf of Warnaco, Inc. The submitted sample will be returned as per your request. Style L6673 is a merry widow constructed of a 90% polyamide 10% polyester mesh fabric with 7 panels. The center front panel and 2 front side panels are 2-ply. The center front panel is also overlaid at either vertical seam with embroidered mesh fabric. Two sets of two rear panels are found at either side of the centered 12 hook and eye back closure. Style L6673 is marketed under the Lejaby label. The garment features seamed and padded underwire cups with embroidery trim. The garment also features front shoulder straps made of a double cord of mesh fabric with adjustable elasticized rear shoulder straps embroidered with “Lejaby” on the outer surface. The garment has 6 flexible stays. Two flexible stays extend below the center of each underwire cup, two stays are found at either side, and two stays are located on the garment back. Additionally, the garment features a ¼-inch wide elasticized band sewn on the underside edges at the garment top and bottom. The applicable subheading for Style L6673 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for Brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other . . . Of man-made fibers or man-made fibers and rubber or plastics. The rate of duty will be 6.6 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 L6673 falls within textile category designation 659. 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. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division