CLA-2 CO:R:C:G 086619 DRR
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