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NY L88674




December 19, 2005

CLA-2-61:RR:NC:3:353 L88674

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Jane Gohar
Superior Brokerage Services, Inc.
2600 East 81st Street
Bloomington, MN 55425

RE: The tariff classification of an adhesive bra from China.

Dear Ms. Gohar:

In your letter dated November 16, 2005, on behalf of Deseado International Ltd., you requested a classification ruling. The sample was destroyed when it was examined.

The submitted sample, which you refer to as an Adhesive Bra consists of two molded cups with a plastic clip that joins the cup together at the center and is to be worn directly against the skin with backless and strapless fashions. The wearer peels the protective plastic from the back of the two cups and attaches them directly to the breasts. The Adhesive Bra is constructed of an outer layer of knit polyester fabric with a pad consisting of three layers: the outer layer is made of knit polyester fabric, the middle layer consists of foam sponge, and the bottom layer is of knit polyester fabric covered with a sticky silicone adhesive.

The item does not possess any body-supporting features and is therefore not considered an article of 6212. You suggest classification in subheading 3926.20.9050, as plastic wearing apparel and cite two rulings. However, the bra cups in those rulings were constructed differently from the instant Adhesive Bra, which is constructed of textile fabric.

The applicable subheading for the Adhesive Bra will be 6114.30.3070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other garments knitted or crocheted: of man-made fibers: other: women’s or girls’. The duty rate will be 14.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

The Adhesive Bra falls within textile category designation 659. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current 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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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