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

Ms. Kathy Guyer-Martin
Hanesbrands Inc.
1000 East Hanes Mill Road
Winston-Salem, NC 27105

RE: The tariff classification of women’s undergarments from China and Honduras.

Dear Ms. Guyer-Martin:

In your letter dated August 11, 2010, you requested a tariff classification ruling. The samples submitted will be returned.

Style US7576 is a woman’s brassiere constructed of 54% polyester and 46% nylon knit fabric. The brassiere features a scalloped edged embroidered knitted mesh fabric which overlays the smooth molded underwire cups and extends partially up the front shoulder straps. The brassiere also features a triple row of two adjustable hook and eye closures at the rear and adjustable, partially elasticized shoulder straps.

Style DB4L94 is a woman’s brassiere constructed of 71% nylon and 29% spandex knit fabric. The brassiere features a raschel lace-like open work knitted fabric which overlays the smooth molded underwire cups as well as the sides and back. The front portion of each shoulder strap is lined with soft adhesive strips that prevent it from pulling down on the wearer. The brassiere also features a triple row of two adjustable hook and eye closures at the rear and adjustable, partially elasticized shoulder straps.

The applicable subheading for Style US7576 will be 6212.10.5020, 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 man-made fibers." The rate of duty will be 16.9% ad valorem.

The applicable subheading for Style DB4L94 will be 6212.10.9020, 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: Other: Other: . . . Of man-made fibers." The rate of duty 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/.

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 Robert Ivers at (646) 733-3054.

Sincerely,

Robert B. Swierupski
Director
National Commodity Specialist Division