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NY G81715




November 3, 2000

CLA-2-62:RR:NC:TAB:354 G81715

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010

Ms Allison M. Baron
Sharetts, Paley, Carter & Blauvelt, P.C.
75 Broad Street
New York, NY 10004

RE: The tariff classification of brassieres from China, Sri Lanka and the Philippines

Dear Ms. Baron:

In your letter dated September 26, 2000, on behalf of Calvin Klein Underwear, a division of Warnaco Inc., you requested a classification ruling. As requested the samples are being returned to you.

Two garments were submitted for classification, both are constructed from a finely knit 67% nylon, 25% polypropylene, 8% spandex fabric. Style D2128 is an unconstructed brassiere. The item features triangular cups, a continuous hemmed bottom band and capping to complete the top edge. Two ¼ inch string ties that extend from the top of the cups are designed to be tied at the back of the neck

Style D2129 is a halter styled brassiere. The garment features a continuous hemmed bottom band, rounded neckline and capping to complete the top edge.

You assert that the garments do not provide sufficient support to be classified as brassieres in heading 6212 and should be classified in heading 6114. This office disagrees. Based upon the design features, the construction of the fabric and fiber content these garments fulfill the role as brassieres. A review of the Explanatory Notes for 6212 indicates that the heading includes “brassieres of all kinds.”

The applicable subheading for the both styles will be 6212.10.9010, Harmonized Tariff Schedule of the United States which provides for brassieres. . . whether or not knitted or crocheted: brassieres: other, of cotton. The duty rate will be 17.3 percent ad valorem.

The garments fall within textile category designation 349. Based upon international textile trade agreements products of China, Sri Lanka and the Philippines are subject to the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web site at www.customs.gov. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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