The tariff classification of a woman’s body supporting garment from China or Indonesia.

N045824 December 11, 2008 CLA-2-62:OT:RR:NC:TAB:354 CATEGORY: Classification TARIFF NO.: 6212.90.0030 Mr. George M. Keller Customs Advisory Services Inc. 1003 Virginia Ave. Suite 200 Atlanta, GA 30354 RE: The tariff classification of a woman’s body supporting garment from China or Indonesia. Dear Mr. Keller: In your letter dated November 1, 2008, written on behalf of Maidenform, Inc., you requested a classification ruling. The garment will be returned to you as requested. Style #33440 is an upper body support garment. The vest-like garment provides full back coverage, and extends from below the bust to just below the waist in the front, but does not cover the hips. It features a low cut u-shaped front and a slightly u-shaped back. The tight fitting garment features a full front opening that is secured by 16 single hook and eye closures. The two center front panels are made up of 86% nylon, 14% Lycra elastane tightly knit fabric, and are covered with a raschel lace-like knitted fabric made of 73% nylon and 27% spandex. The back panel and side panels are made up of 81% nylon and 19% Lycra elastane tightly knit fabric. A 1¾ inch woven elastic strip of fabric encircles the bottom edge of the garment and helps the garment to stay in place on the wearer’s body. You state that the garment is designed to be worn with a bra and provides structural support to the stomach and holds in bulges along the sides and upper back. The garment will be available in sizes small to extra, extra large. The applicable subheading for style 33440 will be 6212.90.0030, 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: other…of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 6.6% 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 33440 falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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