CLA-2-62:RR:NC:TA:354
Ms. Melissa Stanczak
Ballet Makers, Inc.
1 Campus Road
Totowa, New Jersey 07512
RE: The tariff classification of a man’s undergarment from China.
Dear Ms. Stanczak:
In your letter dated June 24, 2008, you requested a classification ruling. The sample submitted will be returned.
Style N5930 “Men’s Dance Belt” is an athletic supporter used in dance. The undergarment features a two-ply constructed front panel. The outershell fabric is made of 90% cotton and 10% lycra knit fabric, the second inner-ply is made of quilted fabric. An additional two-ply panel constructed of 100% nylon woven fabric is located at the top front center of the garment. The undergarment is worn by male ballet dancers. The undergarment also features a heavily elasticized waistband measuring approximately 3-1/2 inches, elasticized capping along the edges of the center front panel and a center rear elasticized g-string styled back.
The applicable subheading for the style N5930 will be 6212.90.0010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, garters and similar articles and parts thereof, whether or not knitted or crocheted: Other . . . Of cotton or cotton and rubber or plastics. The rate of duty will be 6.6 percent 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/.
Style N5930 falls within textile category 359. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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