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HQ 954488





October 6, 1993

CLA-2 CO:R:C:T 954488 jb

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.1010

Tommy Lai
Economic and Trade Office
British Embassy
1150 18th Street, N.W., Suite 475
Washington, D.C. 20036

RE: Classification of decorated brassiere; EN to heading 6212 include all bras; though serving as a body support garment brassiere may also be worn as outerwear

Dear Mr. Lai:

This is in response to your letter of June 22, 1993, on behalf of Dakota Blue Inc., requesting the textile classification of an embroidered garment. A sample was submitted to this office for examination and will be returned to you under separate cover.

FACTS:

The merchandise, referred to as Style 4406, is a garment with a three piece body constructed from 100 percent cotton woven fabric. The item features formed mesh cups, adjustable shoulder straps, a hook and eye bra-type closure and elastic at the back. Additionally, scalloped strips of eyelet embroidered woven fabric are overlaid and inserted around each cup.

You state in your letter that the article, heavily decorated with lace trimmings on the outer surface of the cups, suggests that it is intended to be worn as an outerwear garment. As such, you feel the garment should be classified as an outerwear garment.

ISSUE:

Whether the article should be classified as a brassiere or as outerwear under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA)?

LAW AND ANALYSIS:

Classification of merchandise under the HTSUSA is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes, taken in order. Where goods cannot be classified solely on the basis of GRI 1, the remaining GRI will be applied, in the order of their appearance.

Heading 6212, HTSUSA, provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN), to heading 6212, HTSUSA, state in pertinent part:

This heading covers articles of a kind designed for wear as body-supporting garments or as supports for certain other articles of apparel, and parts thereof. These articles may be made of any textile material including knitted or crocheted fabrics (whether or not elastic).

The heading includes, inter alia:

(1) Brassieres of all kinds. (Emphasis added)

All the above articles may be furnished with trimmings of various kinds (ribbons, lace, etc.) and may incorporate fittings and accessories of non-textile materials (e.g., metal, rubber, plastics or leather). (Emphasis added)

The term "brassiere" is defined as follows:
a close fitting undergarment shaped to support the bust, The Fashion Dictionary, by Mary Brooks Picken, 1973
a woman's close-fitting undergarment with cups for breast support, Webster's New Collegiate Dictionary, 1991

Normally, garments possessing structural features such as distinct cups, underwires, stays, support fabric, and hook and eye back closures are associated with brassieres. In some cases the garment will possess some, but not all of these features and will still be considered a brassiere. In HQ 951264, dated July 1, 1992, T-back sports bras were ruled by Customs to qualify as brassieres even though they lacked traditional features such as distinct cups, clasps, hook and eye closures, underwires, and stays. It was determined that so long as the articles were treated as foundation wear in the industry and possessed the requisite support features, the garments were not precluded from classification in heading 6212.

Inquiries made by this office to well-known lingerie and outerwear manufacturers have revealed that the undergarment industry has undergone tremendous change in the last few years as to what is currently acceptable as outerwear. Well-known manufacturers of lingerie and outerwear such as Olga and Calvin Klein have stated that the acceptable role of brassieres for use as outerwear has greatly expanded over the past several years. Although articles such as the subject garment may be worn as outerwear, they are functionally still brassieres.

In HQ 950685, dated March 11, 1992, classifying similar heavily decorated garments as brassieres, Customs held that:

...All articles incorporating features traditionally associated with brassieres (i.e., stays, underwire cups) are made in engineered foundation factories. These articles are constructed in the same manner as more traditionally designed bras that are not intended to be displayed when worn. Both types of garments are brassieres providing equal body supporting functions; the only difference is that it is now acceptable to let brassieres that have been embellished in some manner show under outerwear or even be worn by themselves.

The EN to heading 6212 clearly state that the heading includes brassieres of all kinds and that they may be furnished with trimmings of various kinds. In HQ 555773 dated December 10, 1990, Customs classified a garment as a brassiere in heading 6212, HTSUSA, regardless of the fact that it was decorated heavily with glass or plastic beads, ribbons, trim and appliques. Similarly in HQ 950685, garments decorated with plastic sequins and embroidered on the outer surface were also classified as brassieres in heading 6212, HTSUSA.

In those rulings the garments at issue were much more heavily decorated. It was even more clear in those garments that they were designed to be worn and seen; much more than the subject garment which features embroidered woven fabric which lies flat against the garment.

The subject garment also possesses traditional features such as mesh cups, adjustable shoulder straps, hook and eye closure and elastic at the back, for a more fitted wear, normally attributed to brassieres. The garment provides the requisite support intended by the EN to 6212, HTSUSA, and is properly classified as a brassiere.

HOLDING:

Style 4406 is properly classified in subheading 6212.10.1010, HTSUSA, which provides for, among other things, brassieres, containing lace, net or embroidery. The applicable rate of duty is 32 percent ad valorem and the quota category is 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 negotiations and changes, we suggest that your client check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), and issuance of the U.S. Customs Service which is updated weekly and is available at the local Customs office.

Due to the changeable nature of the statistical annotation (the ninth and tenth digits of the classification) categories, your client should contact the local Customs Office prior to importing the merchandise to determine the current status of any import restraints or requirements.

Sincerely,


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