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NY 801913

October 4, 1994

CLA-2-62:S:N5:354 801913


TARIFF NO.: 6212.90.0030

Ms. Susan Andriuzzo
Ken Hamanaka Co., Inc.
5777 West Century Blvd.
Los Angeles, CA 90045

RE: The tariff classification of an athletic supporter with protective cup from China.

Dear Ms. Andriuzzo:

In your letter dated September 6, 1994, on behalf of Pam & Frank (USA) Industrial Co., Ltd., you requested a classification ruling.

Your submitted sample, style 80-02-44, is a textile athletic supporter imported with a protective cup. The supporter is made of a 3 inch elasticized man-made fiber waistband, 1 inch elasticized leg straps, and a front pouch that holds the protective cup. The cup is plastic with a rubber-like cushioned edge. If the cup is imported with the supporter it is considered as a part of the supporter and classified as such. If the cup was imported alone, it would be classsified under chapter 95.

The applicable subheading for style 80-02-44, will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres,... and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 7 percent ad valorem.

Style 80-02-44, falls within textile category designation 659. Based upon international textile trade agreements, products of China 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.


Jean F. Maguire
Area Director

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