The tariff classification of women’s undergarments from China.

N035932 September 12, 2008 CLA-2-62:OT:RR:NC:TA:354 CATEGORY: Classification TARIFF NO.: 6212.10.9020; 6212.30.0020 Mr. Daniel Meylor Carmichael International Service 533 Glendale Boulevard Los Angeles, CA 90026-5097 RE: The tariff classification of women’s undergarments from China. Dear Mr. Meylor: In your letter dated August 12, 2008 you requested a classification ruling on behalf of your client, Biflex Intimates Group, LLC. The samples submitted will be returned. The subject merchandise consists of three styles of women’s “OverBra” undergarments that will be marketed and sold as support garments. The undergarments are designed to be worn over a regular bra and feature a full frontal closure and a racer-styled back. The snug fitting undergarments provide an extra lift, visibly enhance cleavage, smoothes and flatten bulges that are created by an ordinary bra. The “OverBra” is made up of a layer of rubber/plastics foam material laminated between a knit 85% nylon and 15% spandex microfiber knit fabric. The undergarment features a full frontal opening made up of a triple row of two adjustable hook and eye closures, adjustable elasticized shoulder straps, flatlock stitching at the seams, and unfinished edging along the top and bottom edge. The “OverBra” provides support similar to that of conventional bras. Your suggestion for classification under 6212.90, HTSUS is not applicable as brassieres are eo nomine provided for under 6212.10, HTSUS. The “OverBra Midriff” features a top portion made up of a layer of rubber/plastics foam material laminated between a knit 85% nylon and 15% spandex microfiber knit fabric. The bottom portion of the garment extends down about 5½ inches from the bottom of the bust and is made up of 75% nylon and 25% spandex knitted power mesh two-ply fabric. In addition, the undergarment has a full frontal opening made up of a double row of nine adjustable hook and eye closures, adjustable elasticized shoulder straps, flatlock stitching at the seams, an uncovered elasticized bottom band, and unfinished edging along the top edge. The “OverBra Midriff” provides support similar to that of conventional bras. Your suggestion for classification under 6212.90, HTSUS is not applicable as brassieres are eo nomine provided for under 6212.10, HTSUS. The “OverBra Longline” features a top portion made up of a layer of rubber/plastics foam material laminated between a knit 85% nylon and 15% spandex microfiber knit fabric. The bottom portion of the undergarment extends down from the bottom of the bust about 10 inches at the front and 11½ inches at the back and is made up of 75% nylon and 25% spandex knitted power mesh two-ply fabric. In addition, the undergarment has a full frontal opening made up of a double row of sixteen adjustable hook and eye closures, adjustable elasticized shoulder straps, flatlock stitching at the seams, an uncovered elasticized bottom band, and unfinished edging along the top edge. The “OverBra Longline” is designed to shape the torso from the bust to below the waist and exhibits the structural characteristics of a corset. Your suggestion for classification under 6212.90, HTSUS, is not applicable as corsets are eo nomine provided for under 6212.30, HTSUS. The applicable subheading for the “OverBra” and “OverBra Midriff” 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: Other . . . Other…Of man-made fibers." The rate of duty will be 16.9% ad valorem. The applicable subheading for the “OverBra Longline” will be 6212.30.0020, 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: corsets of man-made fibers. The duty rate will be 23.5% 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/. The “OverBra”, “OverBra Midriff” and “OverBra Longline” fall 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. 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