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NY J88804




October 16, 2003

CLA-2-61:RR:NC:3:353 J88804

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.90.9090

Mr. George M. Keller
Customs Advisory Services, Inc.
1003 Virginia Ave., Suite 200
Atlanta, Georgia 30354

RE: The tariff classification of bra pads from Korea.

Dear Mr. Keller:

In your letter dated September 17, 2003, on behalf of Maidenform, Inc., you requested a classification ruling.

The submitted sample, Sample 1, style Q6768 are pads constructed of sponge polyurethane material, covered on both sides with knit polyester and spandex fabric. The pads are imported in pairs for right and left breasts. Sample 2, style Q6760 are pads constructed of knit 91% nylon fabric. Both items are used as parts for slips, camisoles, brassieres and body briefs. Styles Q6764, 65, 67, 69 and 70 are identical to sample Q6768 except for size. Styles Q6756, 57, 58, 59 61,62 and 63 are identical to style Q6760 except for size.

You state that you believe the pad should be classified under subheading 3926.20.9050. Explanatory Note (EN) 40.08 states: Plates, sheets of cellular rubber combined with textile fabric on both facesare excluded from this heading. Therefore the pads are considered to be of textile fabric.

The applicable subheading for the styles Q6764 through Q6770 and Q6756 through Q6763 will be 6117.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for, which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Parts: Other: Other: Of man-made fibers.” The duty rate will be 14.7% ad valorem. The textile category designation is 659.

Based upon international textile trade agreements products of Korea are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.gov. In addition, 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 and should also be verified at the time of shipment.

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 Ken Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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