CLA-2-62:OT:RR:NC:TAB:354
Ms. Lisa M. Knerr
American Eagle Outfitters
150 Thorn Hill Drive
Warrendale, PA 15086-7528
RE: The tariff classification of women’s bustiers from China.
Dear Ms. Knerr:
In your letter dated November 5, 2008 you requested a classification ruling. Your samples will be returned as requested.
Style numbers #0673 and #0548 are women’s bustiers. The entire front portion of both garments are made up of 100% cotton two-ply woven fabric, which comprises the front center panel, the fabric at the cups, and two panels on each side of the front panel. The outer ply of style #0673 is made of cotton eyelet embroidered fabric. The four panels that make up the back of the garments are made of 86% cotton and 14% spandex knit fabric. The garments also feature eight vertical stays, padded underwire cups, adjustable elasticized shoulder straps, and eleven rows of triple adjustable hook and eye closures at the back. The garments provide a snug fit and their coverage at the front extends from the top of the bust to the waist. The garments are designed to provide support at the bust.
The applicable subheading for style #0673 will be 6212.10.5010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: containing lace, net or embroidery: other, of cotton. The duty rate will be 16.9% ad valorem.
The applicable subheading for style #0548 will be 6212.10.9010, HTSUS, which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other…of cotton. The duty rate will be 16.9% 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 http://www.usitc.gov/tata/hts/.
Both garments fall within textile category 349. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.
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 Deborah Marinucci at (646) 733-3054.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division