CLA-2-61: OT: RR: NC: N3:354

Ms. Jasmin Marin
American River Group of Companies
10 Woodbridge Center Drive, Suite 420
Woodbridge, NJ 07095

RE: The tariff classification of undergarments from Italy and Tunisia

Dear Ms. Marin:

In your letter dated April 5, 2016, you requested a tariff classification ruling on behalf of your client, Medi USA. Four samples were submitted with your request. They will be returned to you under separate cover.

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 FHC5A04 is a tank-styled support undergarment constructed from 64% polyamide, 36% elastane. You state the fabric in the upper portion is made of 69% polyamide, 31% elastane. This tight fitting undergarment is two-ply and features flat bonded seams, shoulder straps measuring approximately 1¼ inch, and a scooped front neckline. The garment has been designed to slim and shape the tummy and waist.

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.

The applicable subheading for Styles FHA5505, FHA4A03, and FHC4503 will be 6109.90.1065, Harmonized Tariff Schedule of the United States (HTSUS), which provides for “T-shirts, singlets, tank tops and similar garments, knitted or crocheted: Of other textile materials: Of man-made fibers: Women’s or girls’: Tank tops and singlets: Women’s.” The rate of duty will be 32 percent ad valorem.

The applicable subheading for style FHC5A04 will be 6212.90.0030, HTSUS, which provides for “Brassieres, girdles, corsets, braces, suspenders, 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 rate of duty 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 https://hts.usitc.gov/current.

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 K. Lenore Calabrese at [email protected].


Sincerely,

Deborah C. Marinucci
Acting Director
National Commodity Specialist Division