CLA-2 CO:R:C:T 950650 SK
Richard M. Wortman
Grunfeld, Desiderio, Lebowitz & Silverman
12 East 49th Street
New York, N.Y. 10017
RE: Classification of women's knit girdle; support garment;
nylon and lycra; not underpants; 6212, HTSUSA
Dear Mr. Wortman:
This ruling is in response to your submission of September
23, 1991, requesting the classification of women's undergarments
on behalf of Mast Industries (Far East) Ltd.. A sample was
submitted for Customs' examination and will be returned to you,
as per your request, under separate cover.
FACTS:
The submitted sample, identified as style VSD113, is a
women's undergarment. Your submission states that the garment is
comprised of 90% nylon and 10% spandex. The label inside the
article, however, lists the fabric content as 88% nylon and 12%
lycra. The garment has a highly elasticized two-inch wide
waistband, a gusset crotch and leg extensions that extend to mid-
thigh and are trimmed with three inches of lace. There is a V-
shaped panel insert on the center front of the garment. The
subject merchandise will be imported from Hong Kong.
ISSUE:
Whether the subject merchandise is classifiable under
heading 6108, HTSUSA, which provides for, inter alia, women's
briefs, panties and similar articles, or under heading 6212,
HTSUSA, which provides for women's girdles and similar articles?
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LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is governed
by the General Rules of Interpretation (GRI's). GRI 1 provides
that classification shall be determined according to the terms of
the headings and any relative section or chapter notes.
The article at issue, style VSD113, outwardly appears to be
a women's girdle and exhibits many structural characteristics of
the same. The fabric used in this garment's construction,
although lighter than fabric traditionally used for girdles,
provides substantial support inasmuch as there is very little
lateral "give" to the fabric. The fabric stretches substantially
in a lengthwise direction, providing great comfort to the wearer,
but stretches minimally widthwise, thereby enabling the garment
to give better support.
There are several additional factors which are presumptive
of this garment's status as a women's girdle. The subject
merchandise has leg extensions which reach to the mid-thigh and a
V-shaped panel insert in the center front of the garment. These
styling details are traditionally used with girdles because they
tend to compress the upper thigh area and offer added support to
the abdomen. The article is marked as a size medium. Most
panties are usually sold in sizes 5, 6, 7, 8 and 9 as opposed to
size small, medium and large designations.
Under the Tariff Schedules of the United States Annotated
(TSUSA), several Headquarters Rulings classified articles that
consisted of material similar to that of the submitted sample as
panties and not body supporting garments. In the instant case,
however, there are distinguishing factors. In Headquarters
Ruling Letter (HRL) 078432, dated March 11, 1987, the subject
merchandise was a women's undergarment, styled as briefs without
leg extensions and without a front panel insert, comprised of 85%
nylon and 15% spandex. This article was classified as a women's
panty rather than a body support garment because it was not made
with powernet fabric. It is Customs' opinion that this view is
too restrictive with respect to the types of fabric that are
deemed acceptable for use as girdles. Although rulings under the
TSUSA are not precedential, there are nonetheless several reasons
why the reasoning in HRL 078432 is no longer valid. First,
although not in itself determinative, is the fact that the
styling of the article at issue in HRL 078432 was more similar to
that of a brief than a girdle, i.e., there were no leg extensions
nor front panel insert. Moreover, styles in undergarments have
changed dramatically in the nearly five years since HRL 078432
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was issued. This is evidenced by a recent article in the March
31, 1991 issue of the New York Times entitled " Disguise Bulges,
Girdles in Disguise." The article states that "new lightweight,
comfortable fabrications -- like lightweight tricots and warp-
weave knits of nylon and Lycra -- have made the category
[girdles] inviting and sexy again." Recent trends indicate that
body support garments are now often constructed from much lighter
fabric than that traditionally used. Customs takes note of such
fashion industry trends and incorporates them into our analysis.
The aforementioned factors, taken together, are clearly
indicative of the subject merchandise's status as a women's
girdle. The article at issue is not a heavy-duty support girdle,
but nevertheless provides the wearer with support by using a
lighter version of support fabric. Accordingly, the subject
merchandise is properly classifiable under heading 6212, HTSUSA,
which provides for, inter alia, girdles.
HOLDING:
The submitted sample is classifiable under subheading
6212.20.0020, HTSUSA, which provides for brassieres, girdles,
corsets, braces, suspenders, garters and similar articles and
parts thereof, whether or not knitted or crocheted: girdles and
panty girdles ... of man-made fibers, dutiable at a rate of 25%
ad valorem with a textile category of 649.
Due to the changeable nature of the statistical annotation
and the restraint (quota/visa) categories applicable to textile
merchandise, your client should contact its local Customs office
prior to importation of this merchandise to determine the current
status of any import restraints or requirements.
The United States has a bilateral agreement with Hong Kong
and most shipments of textiles originating in this country are
subject to both visa and/or export license requirements, as well
as quota restraint levels. However, in the case of textile
shipments from Hong Kong, the quota levels are not administered
by the U.S. Customs Service. Rather, these shipments are
monitored by the U.S. Department of Commerce from import
statistical data. Further advise or information pertaining to
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these quota levels may be obtained by contacting this agency
directly. Their address is:
Office of Textiles and Apparel
U.S. Department of Commerce
Washington, D.C. 20230
Sincerely,
John Durant, Director
Commercial Rulings Director