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December 3,1998

CLA-2-62:NEW:TCB1:H08 D82559

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010

Mr. William F. Sullivan
MSAS Customs Logistics Inc.
248-06 Rockaway Boulevard
Jamaica, NY 11422

RE: The tariff classification of a cotton/Spandex/polyester brassiere from Taiwan.

Dear Mr. Sullivan:

In your letter dated September 18, 1998, on behalf of Newport News, Inc. you requested a tariff classification ruling.

A sample of the item you plan to import was submitted with your inquiry. Style number 599-75-293 is a brassiere which is constructed of a knit 55 percent cotton/ 37 percent polyester/ 8 percent Spandex fabric. The brassiere is lined with a nylon tricot knit fabric, and features a scooped front neckline and non-adjustable shoulder straps. The sample will be returned as you requested.

The applicable subheading for the brassiere will be 6212.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres...whether or nor knitted or crocheted, brassieres, other, other, of cotton. The rate of duty will be 17.6 percent ad valorem.

The brassiere falls within textile category designation 349. As a product of Taiwan this merchandise is currently subject to a visa requirement based upon international textile trade agreements.

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,

Kathleen M. Haage
Area Director

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