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NY L86781




September 1, 2005

CLA-2-62:RR:NC:TAB:354 L86781

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010, 6212.10.9020

Ms. Gail Silberman
Stonepath Logistics International Services 24050 Commerce Park
Beachwood, OH 44122

RE: The tariff classification of undergarments from China and/or Mexico.

Dear Ms. Silberman:

In your letter dated July 28, 2005, written on behalf of your client, Leading Lady, you requested a tariff classification ruling.

The “Surgi-Bra” is constructed of 100% nylon. You state that it is used to facilitate care and promote patient comfort throughout recovery from thoracic, mastectomy, or other breast surgeries. The bra features seamed front panels. An elasticized band runs along the top of the entire garment, and a ½-inch elasticized band also runs along the bottom of the garment. The shoulder straps are approximately 1-inch wide. A portion of the shoulder straps are elasticized, and the remainder of the straps feature padded adjustable hook and loop closures. An adjustable hook and loop closure also runs along the entire length of the bra at the front. You state that the “Surgi-Bra” will also be offered in a cotton version, constructed of 100% cotton.

The “Surgi-Vest” is similar to the “Surgi-Bra” in its design. You state that the “Surgi-Vest” is made of a double-layered knit cotton constructed of 90% cotton and 10% spandex. The garment features seamed front panels with inner padding at the side of each bust. The panels measure approximately eight inches in length from the top of the bust area to the garment bottom, and approximately 6 inches in length at the front center portion, back, and sides. An elasticized band runs along the top of the entire garment, and a ½-inch band is featured along the bottom. A vertical stay runs down the entire length of the garment on each side. The shoulder straps measure 1½ inch in width, with a portion of the straps featuring an elasticized band and the remainder made of padded adjustable hook and loop closures. A hook and loop closure also runs down the entire length of the garment at the front.

We do not agree with your suggested classification of 6307.90.9889, HTS, for the “Surgi-Bra” and the “Surgi-Vest.” Since both garments provide support similar to conventional bras, they are properly classified in heading 6212, HTS, as bras.

We need more information before we issue you a ruling for the “Surgi-Binder.” Please advise whether the “Surgi-Binder” is worn directly next to the skin to support the body. Also, please provide any advertising, marketing, and promotional material (catalogs, web pages, etc.).

The applicable subheading for the “Surgi-Bra” and “Surgi-Vest” will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: otherof man-made fibers. The rate of duty will be 16.9% ad valorem.

The applicable subheading for the “Surgi-Bra” made of cotton will be 6212.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: otherof cotton. The rate of duty will be 16.9% ad valorem.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most currant information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Deborah Marinucci at 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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