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NY K84001

April 6, 2004
CLA-2-62:RR:NC:3:353 K84001


TARIFF: 6217.10.9530, 6307.90.9889

Ms. Sara Nickles
Howard Harty, Inc.
727 West Capitol De.
San Pedro, CA 90731

RE: The tariff classification of pasties and a stick-on bra from China.

Dear Ms. Nickles:

In your letter dated February 13, 2004, on behalf of Watermark U.S.A., you requested a classification ruling.

The submitted samples are pasties and Braza Stick-on Bra. Both items are made of a woven man-made fiber fabric. The pasties are of a circular shape that covers the nipple area. The Braza Stick-on Bra is used as invisible bra. They are two pieces of textile fabric that stick onto the flesh.

You state that you believe that the items are classified in subheading 4015.90.0050, Harmonized Tariff Schedule of the United States. The pasties and Braza Stick-on Bra are made of textile fabric therefore 4015.90.0050, HTS, (articles of rubber) does not apply. Regarding the Braza Stick-on Bra per decision of Harmonized System Committee in 26th session November 2000, stick-on bras are classified in 6307.

The applicable subheading for the pasties will be 6217.10.9530 HTS, which provides for Other made up clothing accessoriesAccessories: Other: Other, Of man-made fibers. The rate of duty will be 14.6% ad valorem. The textile category designation is 659.

The applicable subheading for the Braza Stick-on Bra will be 6307.90.9889, HTSUSA, which provides for, "Other made up articles, including dress patterns: Other: Other: Other, Other: Other." The duty rate is 7 percent ad valorem.

Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa. The Braza Stick Bra is not subject to quota and a requirement of 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 Kenneth Reidlingerat 646-733-3053.


Robert B. Swierupski

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