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HQ 951293


April 7, 1992

CLA-2 CO:R:C:T 951293 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6112.41.0010

Ms. Ginny Faught,
International Sales Manager
Surgical Appliances Industries, Inc.
3960 Rosslyn Drive
Cincinnati, Ohio 45209-9986

RE: Classification of a Women's Mastectomy Swimsuit

Dear Ms. Faught:

In your letter of February 13, 1992, you requested a tariff classification for a women's mastectomy swimsuit manufactured in West Germany, Austria or Portugal. You submitted a sample along with your letter.

FACTS:

The sample submitted is a women's one piece knit swimsuit with shoulder straps. It is made of 80 percent polyamide and 20 percent spandex. At the breast area it has pockets to hold a breast prothesis in place. It is intended to be used by convalescents from breast cancer surgery during swimming and water therapy.

ISSUE:

What is the proper Harmonized Tariff Schedule of the United States Annotated (HTSUSA) classificaton for this swimsuit?

LAW AND ANALYSIS:

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

You suggest that the swimsuit be classified as a prosthetic device. You enclose a letter from the North Carolina Department of Taxation indicating that it classifies the instant swimsuit as an orthopedic device.

Although the garment has specially constructed pockets in the breast area, it is still primarily a swimsuit and will be used as such, therefore it must be classified as a swimsuit.

HOLDING:

The instant swimsuit is classified under the provision for women's knit swimwear of synthetic fibers containing by weight 5 percent or more elastomeric yarn or rubber thread, in subheading 6112.41.0010, HTSUSA. It is dutiable at the rate of 26.5 percent ad valorem. Textile quota category 659 pertains to merchandise classified in this subheading.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) 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.

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. Inasmuch as 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.

Sincerely,

John Durant, Director
Commercial Rulings Division

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