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NY H85838




December 20, 2001

CLA-2-62:RR:NC:TAB:354 H85838

CATEGORY: CLASSIFICATION

TARIFF NO.: 3926.20.9050; 6212.90.0030

Mr. Robert Stack
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification of brassiere straps from China

Dear Mr. Stack:

In your letter received on December 2, 2001, on behalf of Avon Products, Inc., you requested a classification ruling. The sample will be returned as you requested.

The item PP 226284, consists of two pairs of brassiere straps packaged together for retail sale. One pair is made of polyurethane plastic and measures 3/8’’ wide. The second pair is composed of 67% nylon, 20% spandex 13% polyester fabric. Each pair has plastic hooks at each end and an adjustable slider.

Your submission indicates that you believe the items are not composite goods or goods put up in sets for retail sale. As such they would be classified separately.

The Explanatory Notes (EN) indicate that composite goods may be separable components however they must be adapted one to the other and together form a whole that would not normally be offered for sale as separate items. Clearly bra straps are offered for sale in individual pairs.

The EN to GRI 3(b) states that to meet the criteria of a set put up together for retail sale, articles must:

(a) consist of at least two different articles which are, prima facie, classifiable in different headings.

(b) consist of products or articles put up together to meet a particular need or carry out a specific activity; and

(c) are put up in a manner suitable for sale directly to users without repacking (e.g., in boxes or cases or on boards).

Applying the above GRI 3(b) EN criteria, the instant goods are different goods classifiable in different headings. Criteria (a).

They are put up in a manner suitable for sale directly to users without repacking. Criteria (c). However, the goods are not put up together to meet a particular need or carry out a specific activity. Criteria (b). The focus in criteria (b) is whether they work together for a common need or activity. The pairs of straps are worn individually.

The applicable subheading for the plastic bra straps will be 3926.20.9050, Harmonized Tariff Schedule of the United States (HTS), which provides for other articles of plastics and articles of other materials of heading 3901 to 3914: articles of apparel and clothing accessories: other: other, other. The duty rate will be 5 percent ad valorem. The applicable subheading for the fabric bra straps will be 6212.90.0030, HTS, which provides for brassieres, girdles . . . and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubber or plastic. The duty rate will be 6.7 percent ad valorem.

The fabric bra straps fall within textile category designation 659. Based upon international textile trade agreements products of China are subject to quota and 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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