CLA-2-62:RR:NC:TA:354: K89199

Ms. Maria Cristina Gomensoro
Thibet Services, Inc.
1726 Kelley Avenue
Kissimmee, Florida 34744

RE: The tariff classification of apparel from Brazil.

Dear Ms. Gomensoro:

In your letter dated August 27, 2004, you requested a tariff classification ruling. The provided samples are being returned to you.

Seven samples were submitted for review. Style 104 is a ladies corset composed of latex coated finely knitted cotton fabric in a beige color. The submitted size medium garment measures 11-3/4 inches at the center and 11 inches at the sides. The garment has four metal stays measuring 10 inches long. It is designed to shape the torso from below the bust to the bottom of the stomach. The garment has a full front opening secured by 10 metal hooks and a double row of metal eyes which allow for size adjustment. The garment will also be available in a black color as style 104N and in a men’s version as style 1006 in a beige color.

Style 104 will also be available with adjustable elasticized shoulder straps in a beige color as style 1005 and in a black color as style 1005N.

Style 1010 is a men’s body supporting sleeveless vest constructed of a latex coated finely knitted cotton fabric. The submitted size medium garment features a v-neckline two panel front with a zippered center opening measuring approximately 17-1/4 inches in length. Additional features include a one panel back, reinforced side seams, and overlock stitching at the upper edges and garment bottom. It is designed to shape the upper torso area to the bottom of the stomach.

We require additional information concerning the garment fabric of style 104G. Please obtain from the fabric manufacturer the following information: 1) identify the fiber content of the knitted fabric between the two layers of latex, 2) the total weight of the latex coated knit fabric, and 3) the weight breakdown of the latex coating versus the knitted fabric. If you decide to resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, Attn: Binding Rulings Section.

Additionally, please note that ruling requests are limited to 5 samples. Kindly limit future submissions to that number.

The applicable subheading for styles 104, 104N, 1006, 1005, and 1005N 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 23.5 percent ad valorem. The applicable subheading for style 1010 will be 6212.90.0010, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other . . . Of cotton or cotton and rubber or plastics. The duty rate will be 6.6 percent ad valorem. 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 354 at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,
National Commodity
Specialist Division