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NY H83031




July 23, 2001

CLA-2-62:RR:NC:TAB:354 H83031

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. Dennis Awana
Inter-Orient Services
1455 Monterey Pass Rd. #205
Monterey Park, CA 91754

RE: The tariff classification of a bra cups from Hong Kong

Dear Mr. Awana:

In your letter dated June 26, 2001 you requested a tariff classification ruling.

The submitted sample labeled “NEW” is a bra cup composed of plastic cellular foam material covered on both sides with knit fabric. The bra cup will be incorporated into brassieres.

The Explanatory Notes for the Harmonized System provide guidance for combinations of plastic and textile under the notes found in Chapter 39 – Plastics and Articles Thereof. The note reads: “Plates, sheets and strips of cellular plastics combined with textile fabric on both faces, whatever the nature of the fabric, are excluded from this Chapter (generally heading 5602, 5603 or 5903).”

The submitted sample labeled “AFCUP” is a bra cup composed of a non-woven man-made fiber with a warp knit fabric backing. The bra cup will be incorporated into brassieres.

The applicable subheading for both the “NEW” and “AFCUP” bra cups will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other, of man-made fibers or man-made fibers and rubbers or plastics. The duty rate will be 6.7 percent ad valorem.

The items fall within textile category designation 659. Based upon international textile trade agreements products of Hong Kong 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 that 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 Brian Burtnik at 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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