HQ 0953832 - Classification of a Textile Bra Cup - United States International Trade Commision Rulings

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HQ 953832

July 14, 1993

CLA-2 CO:R:C:T 953832 jlj

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.90.0056

Mr. Frank Pubins, Import Supervisor
All Points Customshouse Brokers
700 Rockaway Turnpike
Lawrence, New York 11559

RE: Classification of a Textile Bra Cup

Dear Mr. Pubins:

In your letter of March 26, 1993, you requested a tariff classification under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) for a textile bra cup, on behalf of your client Fantasia Textiles Ind. Inc. of Passaic, New Jersey. You submitted a sample along with your letter. The sample is being returned to you, as you requested.

FACTS:

The sample we received is a teardrop-shaped textile bra cup which has been molded into the shape of a bra cup. It measures approximately 4-3/4 inches by approximately 5-3/4 inches, measuring at its widest points. It is made of foam rubber covered with nylon knit fabric. You state that the bra cup will be used as an insert for clothing, e.g., wedding dresses.

ISSUE:

What is the bra cup's HTSUSA classification?

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 relevant section or chapter notes.

Heading 6117, HTSUSA, provides for other made up clothing accessories or parts of garments, of knitted or crocheted textile fabric. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) are the official interpretation of the nomenclature at the international level. The EN for Heading 6117 state that the heading covers knitted or crocheted parts of garments or knitted or crocheted made up textile clothing accessories.

The EN also include the following language:

The heading covers, inter alia:

(3) Dress shields, shoulder or other pads.

Since the instant pad is covered with knit textile fabric and is used in the construction of certain clothing, such as wedding dresses, we find that it is properly classified as an other knitted or crocheted garment part in Heading 6117, HTSUSA.

HOLDING:

The bra cup is classified under the provision for knitted or crocheted parts of garments: parts: other: of man-made fibers, in subheading 6117.90.0056, HTSUSA, textile category 659, dutiable at the rate of 15.5 percent ad valorem.

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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