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NY 898336




June 27, 1994

CLA-2-62:S:N5:354 898336

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.2010; 9506.99.6080

Mr. Barry Bowler
B.K. Products Inc.
22227 S. Ferguson Road
Beavercreek, OR 97004

RE: The tariff classification of a sports brassiere and chest guard from New Zealand.

Dear Mr. Bowler:

In your letter dated May 10, 1994, you requested a classification ruling. As requested, the samples will be returned to you.

Your submitted sample, is a sports bra made from 95% cotton and 5% spandex. The garment features elasticized armholes, neckline and bottom. The crop styled garment has 1-3/4 inch wide shoulder straps and measures 9-1/2 inches from the neckline to the bottom. The two-ply front is constructed with a loose-footed inner ply which also has an elasticized bottom. This creates a bottom opening pocket in which a molded cup polyethylene chest guard may be inserted. The guard, which you indicate comes in A through D cup sizes, measures 7" high and 21" from side to side.

Your letter indicates that the item is designed for women engaged in contact sports. You have requested the classification of each item individually and packaged and shipped together.

The applicable subheading for the sports bra with or without the plastic guard will be 6212.10.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres,... and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other, of cotton. The duty rate will be 18 percent ad valorem.

The Explanatory Notes to the Harmonized Commodity Description and Coding System for heading 6212 HTS, indicate that brassieres of all kinds may incorporate fittings and accessories of non-textile materials such as plastic.

The applicable subheading for the plastic guard imported alone will be 9506.99.6080 (HTS), which provides for articles and equipment for general physical exercise, gymnastics, athletics, other sports or outdoor games . . . : other: other: other. The duty rate will be 4.64 percent ad valorem. This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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