CLA-2-62:S:N:N3H:354 853795

Mr. Ferdinand Vazquez
R.E. Delgado, Inc.
P.O. Box 5628
San Juan, PR 00905

RE: The tariff classification of a body shaper from Brazil.

Dear Mr. Vazquez:

In your letter dated June 18, 1990, you requested a classification ruling.

Your submitted sample, style 1001, is a body shaper, made of a 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. Customs, in a headquarters' letter has held that this garment is classifiable as a corset.

The applicable subheading for style 1001, will be 6212.30.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: corsets... of cotton. The duty rate will be 25 percent ad valorem.

Style 1001, falls within textile category designation 349. Based upon international textile trade agreements, products of Brazil are subject to quota restraints and visa requirements.

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.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport