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NY B89643

October 17, 1997

CLA-2-61:RR:NC:WA:353 B89643


TARIFF NO.: 6117.80.9510

Mr. Mark C. Zeitlin
Import Manager
S. Stern Custom Brokers, Inc.
JFK Int'l Airport, Cargo Building 80, Rm. 2D Jamaica, New York 11430

RE: The tariff classification of a bra strap pad from China

Dear Mr. Zeitlin:

In your letter dated September 19, 1997 you requested a classification ruling on behalf of your client Emily Stevens, Inc. for a bra strap pad from China. A sample was submitted for examination and will be returned as requested.

The submitted sample is a bra support strap pad which is stated to be constructed of a 100% cotton knit cover over poly foam. It measures approximately 1 1/4 inches wide by 5 inches in length, is trimmed with lace, and features a sleeve through which a detachable bra strap can be inserted. It is stated to be designed to protect the shoulders against indentations and rubbing caused from bra straps.

Classification of merchandise under the tariff is in accordance with the General Rules of Interpretation (GRI), taken in order. GRI 1 provides that classification will be determined by the terms of the heading, and any relevant section or chapter notes. Heading 6117, HTSUSA, which provides for knit clothing accessories, and knit parts of garments or of clothing accessories, does not adequately encompass the article at issue. The term "accessory" is not defined in either the tariff schedule or the Explanatory Notes. We note, however, the following definition of accessory in Webster's New World Dictionary, Second College Edition, 1970 at page 8:

1) something extra; thing added to help in a secondary way; specif., a) an article worn or carried to complete one's costume, as purse, gloves, etc. b) a piece of optional equipment for convenience, comfort, appearance, etc.

The item at issue does act as optional article that provides comfort. Also Customs defined "accessory" in Headquarters Ruling Letter (HRL) 088540 dated June 3, 1991, as an article that is related to a primary article, and intended for use solely or principally with a specific article. In the case before us, the primary article is an article of clothing and the bra strap pad serves to enhance the comfort of the bra and will be used principally, if not solely, with a bra. The bra strap pad at issue fully meet the definition of accessory and, as they accessorize clothing, it is properly classifiable under subheading 6117.80.9510, HTSUSA, as "other accessories of cotton."

The applicable subheading for the bra strap pad will be 6117.80.9510 Harmonized Tariff Schedule of the United States (HTS), which provides for . The duty rate will be 15.2 percent ad valorem.

The bra strap pad falls within textile category designation 359. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 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 Martin Weiss at 212-466-5881.


Robert B. Swierupski

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