United States International Trade Commision Rulings And Harmonized Tariff Schedule
faqs.org  Rulings By Number  Rulings By Category  Tariff Numbers
faqs.org > Rulings and Tariffs Home > Rulings By Number > 2000 NY Rulings > NY G80894 - NY G80965 > NY G80929

Previous Ruling Next Ruling
NY G80929

September 11, 2000

LA-2-61:RR:NC:TAB:354 G80929


TARIFF NO.: 3926.20.9050; 6114.20.0060; 6212.10.9010; 6212.10.9020

Ms. Ellen R. Schwartz
T. H. Weiss Inc.
440 McClellan Hwy.
E. Boston, MA 02128

RE: The tariff classification of brassieres and protective garments and component pieces from Denmark

Dear Ms. Schwartz:

In your letter dated August 4, 2000, you requested a classification ruling on behalf of Tytex, Inc.

The first two samples, CareBra™, are designed with or without a front hook & loop fabric closure. The brassieres are constructed of either 60% cotton 30% polyamide & 10% spandex or 79% polyamide, 18% spandex & 3% polyester knit fabric. According to the literature provided the garments are suitable for use as nursing, bandage retention or sports bras.

The third sample, a Safehip Hip Protector, is a unisex brief-style garment constructed of knit 86% cotton, 10% polyester and 4% spandex fabric. Inserted into the brief-style garment are sewn-in, polypropylene shells at the hips that are covered with foam/textile padding. The item is worn to help prevent hip fractures and is considered protective clothing.

You state that in some instances, the polypropylene shells and foam/textile padding are imported separately, and request their classifications as well. The foam/textile padding is constructed of cellular plastic material with a backing of textile fabric. The padding is used as an insert, and the textile backing is merely for reinforcing purposes. The polypropylene shell is oval-shape and curved to fit the hips.

The applicable subheading for the predominately cotton brassier will be 6212.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres . . . whether or not knitted or crocheted: brassieres: other, of cotton. The applicable subheading for the predominately polyamide brassier will be 6212.10.9020, HTS, which provides for brassieres . . . whether or not knitted or crocheted: brassieres: other, of man-made fibers. The duty rate for the bras in both fabrics will be 17.3 percent ad valorem.

The applicable subheading for the Safehip Hip Protector will be 6114.20.0060, HTS, which provides for Other garments, knitted or crocheted: Of cotton, Other: Women's or girls'. The rate of duty will be 11.1% ad valorem.

The applicable subheading for the foam/textile padding and polypropylene shell will be 3926.20.9050, HTS, which provides for Other articles of plastics and articles of other materials of headings 3901 to 3914: Articles of apparel and clothing accessories (including gloves): Other: Other, Other. The rate of duty will be 5% ad valorem.

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 Brian Burtnik at 212-637-7083.


Robert B. Swierupski

Previous Ruling Next Ruling

See also: