CLA-2-62:S:N:N3H:354 867191
Ms. Doris Acosta
Olga Division of Warnaco
90 Park Avenue, 12th Floor
New York, NY 10016
RE: The tariff classification of women's sports bras assembled
in Mexico.
Dear Ms. Acosta:
In your letter dated September 18, 1991, you requested a
classification ruling. As requested, your samples will be
returned to you.
Style 06084 is described as a woman's sports bra made from
knit 46% polyester, 46% cotton and 8% spandex material. The
garment measures 10 inches from the top of the straps to the
close fitting 3/4 inch elasticized hemmed bottom and features a
scoop neckline, capping on the neckline and armholes, T-styled
back and one inch wide shoulder straps. The cut and sewn garment
has a two ply front, the inner ply has heat set molded cups.
Style 36094 is identical to style 06084, except that it is made
of a 84% polyester and 16% spandex fabric. Style 36087 is
similar to style 06084, except that it features a crisscross
front.
Sample 36085 is described as a woman's sports bra made from
88% nylon and 12% spandex openwork knit material. The garment
measures 10 inches from the top of the straps to the close
fitting 3/4 elasticized hemmed bottom and features a scoop
neckline, capping on the neckline and armholes, T-styled back and
one inch wide shoulder straps. The cut and sewn garment has a
two ply front, the inner ply is made from a 46% cotton, 46%
polyester and 8% spandex material and has heat set molded cups.
All the submitted garments are in Olga's "Bras, Shapewear
and Daywear" catalog. The bras are marketed with hangtags that
state, "sports built-in bra". All four garments are sold
exclusively from women's intimate apparel departments.
The applicable subheading for styles 06084, 36094, 36087 and
36085 will be 6212.10.2020, 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, of man-made fibers. The duty rate will be 18 percent ad
valorem.
Upon compliance with all applicable regulations and Chapter
Notes, these items will be eligible for entry at reduced duty
under the provisions of heading 9802.00.80, HTS, which provides
for articles assembled abroad in whole or in part of fabricated
components, the product of the United States, which a) were
exported in condition ready for assembly without further
fabrication, (b) have not lost their physical identity in such
articles by change in form, shape, or otherwise, and (c) have
not been advanced in value or improved in condition abroad except
by being assembled and except by operations incidental to the
assembly process.
Styles 06084, 36094, 36087 and 36085 fall within textile
category designation 649. Based upon international textile trade
agreements, products of Mexico are subject to quota restraints
and visa 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. Since
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.
This ruling is being issued under the provisions of Section
177 of the Customs Regulations (19 C.F.R. 177).
A copy of this ruling letter should be attached to the entry
documents filed at the time this merchandise is imported. If the
documents have been filed without a copy, this ruling should be
brought to the attention of the Customs officer handling the
transaction.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport