The tariff classification of a woman’s undergarment from China.

N042096 November 13, 2008 CLA-2-62:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 6212.10.5020 Mr. Michael S. McCullough Vandegrift Forwarding Company, Inc. 9317 Cheshire Road Sunbury, OH 43074 RE: The tariff classification of a woman’s undergarment from China. Dear Mr. McCullough: In your letter dated October 15, 2008, you requested a classification ruling on behalf of your client, H & M Hennes & Mauritz LP. The provided sample will be returned as per your request. The submitted sample, style 538340/1334, is referred to as a “Princess Corset” and is a ladies long-line bra constructed of 100% nylon knitted mesh fabric. The two front panels of the garment is of two-ply construction and features a scalloped edge embroidered knitted net fabric overlay. The same scalloped edge embroidered knitted net fabric overlays the molded underwire cups. The snug fitting garment has two front vertical stays that measure approximately 12 ½ inches and two back vertical stays that measure approximately 8 inches. The eight-panel garment also features elasticized satin fabric straps that decorate the front portion of the adjustable elasticized shoulder straps, a hemmed bottom, seamed and lined underwire cups with additional removable foam padding, and is adorned with a small satin bow sewn onto the top front center. The garment is secured to the body by fourteen hook and eye triple adjustable closures at the back which are centered between two lined rear knitted net fabric panels. In addition, the garment also features a front center seam and side seams. The applicable subheading for style 538340/1334 will be 6212.10.5020, 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: Containing lace, net or embroidery: Other . . . Of man-made fibers." The rate of duty will be 16.9% 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 538340/1334 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division