CLA-2 CO:R:C:T 953832 jlj
Mr. Frank Pubins, Import Supervisor
All Points Customshouse Brokers
700 Rockaway Turnpike
Lawrence, New York 11559
RE: Classification of a Textile Bra Cup
Dear Mr. Pubins:
In your letter of March 26, 1993, you requested a tariff
classification under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) for a textile bra cup, on behalf of
your client Fantasia Textiles Ind. Inc. of Passaic, New Jersey.
You submitted a sample along with your letter. The sample is
being returned to you, as you requested.
FACTS:
The sample we received is a teardrop-shaped textile bra cup
which has been molded into the shape of a bra cup. It measures
approximately 4-3/4 inches by approximately 5-3/4 inches,
measuring at its widest points. It is made of foam rubber
covered with nylon knit fabric. You state that the bra cup will
be used as an insert for clothing, e.g., wedding dresses.
ISSUE:
What is the bra cup's HTSUSA classification?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order. GRI 1 provides that classification shall be according
to the terms of the headings and any relevant section or chapter
notes.
Heading 6117, HTSUSA, provides for other made up clothing
accessories or parts of garments, of knitted or crocheted textile
fabric. The Explanatory Notes to the Harmonized Commodity
Description and Coding System (EN) are the official
interpretation of the nomenclature at the international level.
The EN for Heading 6117 state that the heading covers knitted or
crocheted parts of garments or knitted or crocheted made up
textile clothing accessories.
The EN also include the following language:
The heading covers, inter alia:
* * * *
(3) Dress shields, shoulder or other pads.
* * * *
Since the instant pad is covered with knit textile fabric and is
used in the construction of certain clothing, such as wedding
dresses, we find that it is properly classified as an other
knitted or crocheted garment part in Heading 6117, HTSUSA.
HOLDING:
The bra cup is classified under the provision for knitted or
crocheted parts of garments: parts: other: of man-made fibers, in
subheading 6117.90.0056, HTSUSA, textile category 659, dutiable
at the rate of 15.5 percent ad valorem.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.
The designated textile and apparel category may be
subdivided into parts. If so, visa and quota requirements
applicable to the subject merchandise may be affected. Inasmuch
as part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest that you check, close to the time of shipment, the Status
Report on Current Import Quotas (Restraint Levels), an internal
issuance of the U. S. Customs Service, which is available for
inspection at your local Customs office.
Sincerely,
John Durant, Director
Commercial Rulings Division