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NY L81096

December 29, 2004

CLA-2-63:RR:NC:N3:351 L81096


TARIFF NO.: 6307.90.9889

Philip Liang
I.L.S., Inc.
343 North Oak Street
Inglewood, CA 90302

RE: The tariff classification of a nursing bustier from China

Dear Mr. Liang:

In your letter dated November 15, 2004, you requested a tariff classification ruling on behalf of Dynashape Intima Corporation, of Alhambra, California.

The submitted sample, identified as the “Easy Expression Bustier” (Style #110804), is a ladies’ 92 percent cotton, 8 percent Lycra knitted bustier. Fully extended, it measures approximately 39” x 7”. It is secured by a front zipper and features two openings measuring 1½” in diameter where breast pumps may be attached to a woman’s breasts. Your advertising literature indicates that the item is worn as a “hands-free pumping bra” that works with most breast pumps.

You state that this item is classifiable in subheading 6212.10.9010, Harmonized Tariff Schedule of the United States (HTS), which provides for, inter alia, brassieres, corsets, braces, and similar articles and parts thereof, of cotton. However, since the item is worn only when the breast pumps are in use, it is not considered to be an article of wearing apparel of Chapter 62, HTS.

The applicable subheading for the bustier will be 6307.90.9889, HTS, which provides for other made up textile articles, other. The rate of duty will be 7 percent ad valorem.

The sample will be returned as requested.

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 Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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