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NY C89347

July 9, 1998

CLA-2-61:RR:NC:3:353 C89347


TARIFF NO.: 6114.20.0060

Mr. Richard Curley

Advance Brokers, Ltd.

135 American Legion Highway

Revere, MA 02151

RE: The tariff classification of radiation implant briefs from China or Taiwan.

Dear Mr. Curley:

In your letter dated June 19, 1998, on behalf of L. S. Miller, Inc., you requested a classification ruling. A sample of the item and descriptive literature was provided.

The item, a radiation implant brief made of 90% cotton/

10% lycra knit material, has four panels, and elasticized waist and leg openings. It is used by women having treatments using vaginal radiation implants for gynecological malignancies as an alternative to tapes, adhesive dressings or sutures. There is a slit in the crotch for the implant which is held in place with an elastic band attached by hook and loop, extending anteriorly to posteriorly. The literature states that the use of the radiation implant brief maintains the patients dignity, comfort and privacy.

The slit and elastic band to hold the implant in place make this an item that is not of the type considered women's or girls' briefs or panties in heading 6108. However, it is considered wearing apparel, as the brief is worn for decency and comfort by the patient while undergoing treatment.

The applicable subheading for the radiation implant brief will be 6114.20.0060, Harmonized Tariff Schedule of the United States (HTS), which provides for "Other garments, knitted or crocheted: Of cotton...Other: Women's or girls.". The duty rate will be 11.2% ad valorem.

The radiation implant brief falls within textile category designation 359. Based upon international textile trade agreements products of China and Taiwan 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 Kenneth Reidlinger at 212-466-5881.


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