Classification of a bodyshaper

HQ 086619 June 29, 1990 CLA-2 CO:R:C:G 086619 DRR CATEGORY: Classification TARIFF NO.: 6212.30.0010 Ms. Nancy Garramone Calmar Corporation P.O. Box 159 Williamsburg, New York 11211 Re: Classification of a bodyshaper Dear Ms. Garramone: This is in response to your letter dated February 26, 1990, requesting the classification of a bodyshaper under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). FACTS: The merchandise at issue is represented by a bodyshaper, style No. 1001, made of cotton knit fabric which has been coated with latex rubber. The garment measures approximately 12 inches from top to bottom and has four panels, each of which contains a steel spring stay inserted into a sewn pocket that extends the length of the garment. It is designed to support and shape the torso from below the bust to the waist. The garment has a full front opening secured by 11 steel hooks and a double row of eyes, which allows for size adjustment. ISSUE: What is the proper classification of the garment at issue? LAW AND ANALYSIS: Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification shall be according to the terms of the headings and any relative section or chapter notes. Heading 6212, HTSUSA, provides for brassieres, girdles, corsets and similar articles. -2- The garment at issue is a type of corset, as typified by the stays and area of coverage. It is therefore classifiable under the eo nomine provision for such garments. HOLDING: The bodyshaper is classified under subheading 6212.30.0010, HTSUSA, as brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, corsets, of cotton, with a duty rate of 25 percent ad valorem, and subject to textile category 349. The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office. Due to the changeable nature of the statistical annotation and the restraint (quota/visa) categories applicable to textile merchandise, you should contact your local Customs office prior to importation of this merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division 6 cc: Area Dir., N.Y. Seaport D. Rimmer library/peh 086619