The tariff classification of women’s garments from China.

N200450 February 17, 2012 CLA-2-62:OT:RR:NC:N3:354 CATEGORY: Classification TARIFF NO.: 6212.10.9020, 6212.20.0020 Mr. Edward Liu TCL International Business LLC 342 Horizon Drive Edison, NJ 08817 RE: The tariff classification of women’s garments from China. Dear Mr. Liu: In your letter dated December 27, 2012, you requested a tariff classification ruling. The samples submitted will be returned. You submitted a sample of a V-Delight brassiere identified as style number TCL201201B, which, as imported, is packaged with two small air pumps, a power supply and a connector wire, used to recharge the air pumps. The brassiere, which is constructed of 82% nylon 18% spandex knit fabric, has a lining made of 80% nylon 20% spandex knit fabric. Each of the cups contains a thermoplastic urethane air pad, which can be inflated or deflated using the air pumps via the valve and hose that is attached to each of the air pads. GRI 3(b) is applicable when goods are, prima facie, classifiable under two or more headings, and have been put up in sets for retail sale. GRI 3(b) states that the goods "shall be classified as if they consisted of the material or component which gives them their essential character." In this case, the brassiere imparts the essential character. You have also submitted an item, style TCL201202B, which is referred to as a “panty” and is constructed of 90% nylon and 10% spandex knit fabric. The body supporting garment features a separately sewn in gusset crotch, changes in knit pattern, an approximately two inch elasticized waist band, leg openings, and flat lock stitching. The tight fitting garment is designed to smooth and shape the lower torso from the waist to the mid-thigh area. This garment provides substantial support and exhibits the structural characteristics of a girdle. You state that this garment will be used as an “added incentive” bonus to encourage ordering of the brassiere via a television commercial or infomercial and will not be included in the brassiere packaging. The applicable subheading for Style TCL201201B 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 rate of duty will be 16.9% ad valorem. The applicable subheading for style TCL201202B will be 6212.20.0020, 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: girdles and panty-girdles…of man-made fibers. The rate of duty will be 20% 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/. Section 134.1(b), Customs Regulations (19 CFR 134.1(b)), defines "country of origin" as the country of manufacture, production or growth of any article of foreign origin entering the U.S. As provided in section 134.41(b), Customs Regulations (19 CFR 134.41(b)), the country of origin marking is considered conspicuous if the ultimate purchaser is able to find the marking easily and read it without strain. Customs has recognized that the presence of a geographic location other than the country in which the article was produced on an imported article or its container may mislead the ultimate purchaser as to the true country of origin. Thus, in cases where the name of a location in the U.S. or the name of any foreign country or locality other than the country or locality in which the article was manufactured or produced appears on an imported article or its container, section 134.46, Customs Regulations (19 CFR 134.46), provides that there shall appear, legibly and permanently, in close proximity to such words, the name of the country of origin preceded by "Made in," "Product of," or other words of similar meaning. By contrast, 19 CFR 134.47 is less stringent, providing that when as part of a trade name, trademark or souvenir mark, the name of a location other than the country of origin appears, the name of the actual country of origin must appear in close proximity or "in some other conspicuous location". In other words, the latter provision triggers only a general standard of conspicuousness. In either case, the name of the country of origin must be preceded by "Made in", "Product of", or other similar words. The marking statute, section 304, Tariff Act of 1930, as amended (19 U.S.C. 1304), provides that, unless excepted, every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly and permanently as the nature of the article (or its container) will permit, in such a manner as to indicate to the ultimate purchaser in the U.S. the English name of the country of origin of the article. As it appears that you might be interested in more general information, you might find it helpful to refer to the Informed Compliance Publication titled "Marking Requirements for Wearing Apparel", available on the "Legal" page of our website at www.cbp.gov. Additionally, you may find useful information in the publication "Importing into the United States," available via the Trade Publications link on the Trade page of our website at www.cbp.gov. Please note The Federal Trade Commission enforces marking requirements regarding country of origin, fiber content, and other information that must appear on many textile items. You should contact the Federal Trade Commission, Division of Enforcement, 6th and Pennsylvania Avenue, N.W., Washington, D.C., 20580, for information on the applicability of these requirements to this item. 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 Robert Ivers at (646) 733-3054. Sincerely, Thomas J. Russo Director National Commodity Specialist Division