CLA-2 OT:RR:CTF:TCM H288209 TSM
Ms. Kristen Smith
Medi USA, L.P.
6481 Franz Warner Parkway
Whitsett, NC 27377
RE: Reconsideration of NY N275048; Classification of undergarments.
Dear Ms. Smith:
This is in response to your June 19, 2017, request for reconsideration of New York Ruling Letter (NY) N275048, dated May 25, 2016. In that ruling, the National Commodity Specialist Division found that undergarment styles FHA5505, FHA4A03 and FHC4503, imported by Medi USA, L.P., were classified under subheading 6109.90.10, Harmonized Tariff Schedule of the United States (“HTSUS”). We affirm NY N275048 because we do not agree that the undergarment articles at issue are “of a kind designed for wear as body-supporting garments” provided for in heading 6212, HTSUS. Your samples are being returned.
NY N275048 described the garments at issue as follows:
Style FHA5505 is a knit sleeveless underwear top constructed from 62% polyamide, 38% elastane. The undergarment is lightweight and features scooped front and back necklines, shoulder straps measuring two inches in width and change in knit pattern on the sides.
Style FHA4A03 is a knit singlet constructed from 62% polyamide, 38% elastane. The undergarment is lightweight and features a scooped front neckline, elasticized adjustable shoulder straps and a change in knit pattern on the sides.
Style FHC4503 is a camisole-style knit underwear top constructed from 64% polyamide, 36% elastane. You state the fabric in the upper portion is made of 69% polyamide, 31% elastane. The undergarment features a scoop front neckline, adjustable shoulder straps, flat bonded seams.
In your request for reconsideration, you claim in pertinent part as follows:
Our terminology “Shapewear” in our catalogs, on our website, and on our packing as well as our description that these Shapewear styles “fit your body like a second skin,” confirm that styles FHA5505, FHA4A03 [and] FHC4503 … are body supporting/shaping and are thus subject to classification under heading 6212. Style … FHC4503 [was] designed as Strong Shape cut and bonded seamed compression garment to provide intense body shaping to the torso and should be classified as 6212.90.0030. … Styles FHA5505 and FHA4A03 were designed as Soft Shape seamless compression garments to provide gentle body shaping to the torso and should also be classified as 6212.90.0030, body supporting garment, and not 6109.90.1065.
These garments are not marketed as nor intended to be worn as mere undergarments of Heading 6109 but are market[ed] as body supporting and uplifting garments. I understand that U.S. Customs has continuously stated that prima facie, underwear-type shirts fall under 6109 (HQ089083, HQ951246); but I do not agree that the essential character of styles FHA5505, FHA4A03, and FHC4503 … [is] more similar to underwear, tank tops, or singlets but are tight-fitting compression body support garments and thus should be classified as 6212.90.0030. There is substantial support throughout each garment since they are compression garments. Medi USA, L.P. specializes in compression garments and our target markets are those individuals seeking compression garments. The compression technology of the knitting process and methods of knitting differentiates these garments from other undergarments as can be seen by the garment samples…
Along with your request, you submitted samples of garment styles labeled as FHA5A, FHA4A, FHC4A and FHC5A. We have examined the samples and found that they are substantially similar to styles FHA5505, FHA4A03, FHC4503 and FHC5A04, respectively, at issue in NY N275048.
Upon review, we find that styles FHA5A and FHA4A are both seamless and lightweight garments, the fiber content of which is 62% nylon and 38% elastane. These garments have a change in knit pattern on the sides, but are nevertheless not very compressive. The packaging for styles FHA5A and FHA4A also advertises that these styles have “advanced shape for lasting comfort” and that they are “extra soft and ultra-light.” The packaging also states that these garments will give the wearer a flat tummy and slim waist and that they are “invisible under clothes thanks to seamless design” and may be worn with or without a bra.
Style FHC4A is a knit camisole featuring a body content of 64% polyamide and 36% elastane (69% polyamide and 31% elastane around the bust). The garment is made up with a single ply fabric with a 4-way stretch and it is not really compressive. The packaging for Style FHC4A advertises that it has “strong shape”, which is an “extra effective shape level for perfect body definition.” The packaging also states that the garment will give the wearer a flat tummy and slim waist and that it is “invisible under clothes thanks to exceptionally flat bonded seams.” It may be worn with or without a bra.
You argue that the styles at issue are body supporting garments of heading 6212, HTSUS, since they are marketed in your shapewear line and described as garments that “fit your body like a second skin” and “provide gentle body shaping to the torso.” Upon review, we find that garment styles FHC4A, FHA5A and FHA4A are similar to the “cami-style” upper body garment at issue in HQ 968242, dated August 30, 2006. The garment in that ruling was described by the requestor as being designed to provide support for the bust and stomach. The advertising on the client’s website described the garment as a body-shaping seamless cup camisole which created a slim smooth shape with moderate control. It was designed to flatten and smooth the waist and stomach and could be worn with or without a bra. However, we found that the garment did “not provide sufficient support to the bust line nor to the remainder of the torso and stomach area to warrant classification as a ‘similar garment’ of heading 6212.”
Although the three garments at issue here are stretchy and designed to fit closely to the body, we note that the Guidelines for the Reporting of Imported Products in Various Textile and Apparel Categories, C.I.E. 13/88, November 23, 1988 (Textile Guidelines) state that body-supporting garments do not include “garments containing Lycra spandex, or similar elastic-type yarns, the primary purpose of which is to cause the garment to fit snugly under outer garments.” In our view, the primary purpose of the elastane found in the garments at issue is to cause them to fit snugly under outer garments. Heading 6109, HTSUS, provides for “T-shirts, singlets, tank tops and similar garments, knitted or crocheted.” In our opinion, the three garments under consideration fall under this category, as singlets and tank tops. Accordingly, we affirm NY N275048, dated May 25, 2016, which correctly classified undergarment styles under consideration under subheading 6109.90.10, HTSUS, which provides for “T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers.”
Sincerely,
Myles B. Harmon, Director
Commercial and Trade Facilitation Division
Enclosures