HQ 086619: Classification of a bodyshaper

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                                       HQ 086619

                                     June 29, 1990





            CLA-2 CO:R:C:G  086619 DRR

            CATEGORY:  Classification

            TARIFF NO.:  6212.30.0010

            Ms. Nancy Garramone
            Calmar Corporation
            P.O. Box 159
            Williamsburg, New York 11211

            Re:  Classification of a bodyshaper

            Dear Ms. Garramone:

                 This is in response to your letter dated February 26,
            1990, requesting the classification of a bodyshaper under the
            Harmonized Tariff Schedule of the United States Annotated
            (HTSUSA).

            FACTS:

                 The merchandise at issue is represented by a bodyshaper,
            style No. 1001, made of cotton knit fabric which has been
            coated with latex rubber.  The garment measures approximately
            12 inches from top to bottom and has four panels, each of which
            contains a steel spring stay inserted into a sewn pocket that
            extends the length of the garment.  It is designed to support
            and shape the torso from below the bust to the waist.  The
            garment has a full front opening secured by 11 steel hooks and
            a double row of eyes, which allows for size adjustment.

            ISSUE:

                 What is the proper classification of the garment at issue?
            LAW AND ANALYSIS:

                 Classification of merchandise under the HTSUSA is in
            accordance with the General Rules of Interpretation (GRI),
            taken in order.  GRI 1 provides that classification shall be
            according to the terms of the headings and any relative section
            or chapter notes.  Heading 6212, HTSUSA, provides for
            brassieres, girdles, corsets and similar articles.













                                          -2-


                 The garment at issue is a type of corset, as typified by
            the stays and area of coverage.  It is therefore classifiable
            under the eo nomine provision for such garments.

            HOLDING:

                 The bodyshaper is classified under subheading
            6212.30.0010, HTSUSA, as brassieres, girdles, corsets, braces,
            suspenders, garters and similar articles and parts thereof,
            whether or not knitted or crocheted, corsets, of cotton, with a
            duty rate of 25 percent ad valorem, and subject to textile
            category 349.

                 The designated textile and apparel category may be
            subdivided into parts.  If so, visa and quota requirements
            applicable to the subject merchandise may be affected.  Since
            part categories are the result of international bilateral
            agreements which are subject to frequent renegotiations and
            changes, to obtain the most current information available, we
            suggest that you check, close to the time of shipment, the
            Status Report On Current Import Quotas (Restraint Levels), an
            internal issuance of the U.S. Customs Service, which is
            available for inspection at your local Customs office.

                 Due to the changeable nature of the statistical annotation
            and the restraint (quota/visa) categories applicable to textile
            merchandise, you should contact your local Customs office prior
            to importation of this merchandise to determine the current
            status of any import restraints or requirements.

                                        Sincerely,




                                        John Durant, Director
                                        Commercial Rulings Division
























            6 cc: Area Dir., N.Y. Seaport
            D. Rimmer library/peh
            086619