CLA-2 CO:R:C:T 956668 CMR
Alan Klestadt, Esq.
Suzanne Barnett, Esq.
Grunfeld, Desiderio, Lebowitz & Silverman
245 Park Avenue
New York, New York 10167
RE: Classification of a "merry widow"; foundation garment; body
supporting garment; corset v. long-line brassiere v. other
garment; heading 6212, HTSUSA
Dear Ms. Barnett:
This ruling is in response to your request of June 17, 1994,
on behalf of your client, Mast Industries Inc., regarding the
classification of certain body supporting garments marketed as
"merry widows". A sample garment was submitted with your
request. Two additional samples were submitted along with
comparison samples during the time period this classification
decision was deliberated.
FACTS:
The first sample garment, style VSF-3018, is made of 100
percent polyester fabric with trim of 100 percent nylon fabric.
The garment extends from the bust to the waist, extending
slightly below the waist in the front. It is constructed from
four woven and lace polyester fabric panels at the front, two
woven polyester fabric panels at the sides with two more power-
net knit panels at the rear. The power-net fabric consists of 79
percent nylon/21 percent lycra. The garment features two-piece
underwire cups (woven polyester lower half of cups, lace upper
part of cups), seven plastic vertical stays, a seven hook and eye
triple adjustable brassiere or corset type rear closure, a
ruffled lace-like bottom trim and four detachable garters. A 3-
1/2 inch V-shaped opening between the cups may be adjusted by
means of five sets of metal eyes and a ribbon lace.
The two additional samples, styles VSI-701 and VSI-704, are
constructed similarly to style VSF-3018. Style VSI-701 and VSI-
704 extend from the bust to the waist. Style VSI-701 is -2-
constructed from six panels of man-made fiber (we assume
polyester) lace fabric panels and two power-net panels on the
back. The garment features two underwire cups of man-made fiber
lace fabric, detachable adjustable straps, four detachable
garters, six plastic vertical stays, a ten hook and eye double
adjustable brassiere type rear closure, four ribbon bows, and a
woven man-made fiber fabric ruffle along the bottom of the
garment. The front panels are joined by a cord intertwined
through fabric loops and tied into a bow at the top.
Style VSI-704 is constructed from three panels of stretch
lace fabric (we assume it is man-made material) on the front of
the garment and four panels of power-net fabric on the side and
back. The garment features two underwire padded cups with
stretch lace fabric covering the padded portion of the cups. The
garment has six plastic vertical stays, permanently attached
adjustable straps, four permanently attached garters, and a ten
hook and eye double adjustable brassiere type rear closure.
The original submission and sample indicated the garments
would be made in China; however, the additional samples were
marked with hang tags indicating they were from Hong Kong. In a
telephone conversation on February 21, 1995, you informed a
member of my staff that the garments will be made in Hong Kong.
The garments are marketed with an accompanying matching lace G-
string panty.
ISSUE:
Are the submitted "merry widows" classifiable as corsets, as
long line brassieres, or as other body supporting garments in
heading 6212, HTSUSA?
LAW AND ANALYSIS:
Classification of goods under the HTSUSA is governed by the
General Rules of Interpretation (GRIs). GRI 1 provides that
"classification shall be determined according to the terms of the
headings and any relative section or chapter notes and, provided
such headings or notes do not otherwise require, according to
[the remaining GRIs taken in order]."
Heading 6212, HTSUSA, provides for "Brassieres, girdles,
corsets, braces, suspenders, garters and similar articles and
parts thereof, whether or not knitted or crocheted". There is no
dispute that the "merry widows" at issue are body supporting
garments of heading 6212.
-3-
The Explanatory Notes to the Harmonized Commodity
Description and Coding System, the official interpretation of the
tariff at the international level, state in pertinent part in
regard to heading 6212:
This heading covers articles of a kind designed for wear
as body-supporting garments or as supports for certain other
articles of apparel, and parts thereof. These articles may
be made of any textile material including knitted or
crocheted fabrics (whether or not elastic).
The heading includes, inter alia:
(1) Brassieres of all kinds.
(2) Girdles and panty-girdles.
(3) Corselettes (combinations of girdles or panty-girdles
and brassieres).
(4) Corsets and corset-belts. These are usually reinforced
with flexible metallic, whalebone or plastic stays, and
are generally fastened by lacing or by hooks.
* * *
All of the above articles may be furnished with trimmings
of various kinds (ribbons, lace, etc.), and may incorporate
fittings and accessories or non-textile materials (e.g.,
metal, rubber, plastics or leather).
* * *
The garments at issue are reinforced with flexible plastic
stays and are fastened by multiple rear hooks. Thus, they have
features which the Explanatory Note indicates are normally found
in corsets. However, the Explanatory Note does not define the
term "corsets" as it does in the case of the term "corselettes".
Therefore, we must look to other sources for a better
understanding of what is considered a corset.
Various definitions for "corset" have been found. Some of
them are provided below.
Women's one piece sleeveless, laced garment for shaping the
figure. Generally a heavily boned, rigid garment worn from
1820s to 1930s. Since 1940s made of lighter-weight
elasticized fabrics and called a GIRDLE or FOUNDATION
GARMENT. Fairchild's Dictionary of Fashion, 2d Edition
-4-
A stiff shaping garment of the torso, tending to pronounced
diminution of the waist and raising of the bust. A variant
was used by men as well. Infra-Apparel, by Richard Martin
and Harold Koda, (1993), at 47. [emphasis added.]
A tight-fitting undergarment, often having stays, worn to
support and shape the waistline, hips, and breasts.
Webster's II New Riverside University Dictionary, (1984), at
315. [emphasis added.]
A woman's close-fitting boned supporting undergarment often
hooked and laced, extending from above or beneath the bust
or from the waist to below the hips, and having garters
attached--sometimes used in pl. Webster's Third New
International Dictionary of the English Language, (1968), at
513.
Often, corsets. a close-fitting inner garment, stiffened
with whalebone or similar material and capable of being
tightened by lacing, enclosing the trunk: worn, esp. by
women, to shape and support the body; stays. The Random
House of the English Language, (1973), at 328. [emphasis
added.]
Article of clothing worn to shape or constrict the torso,
whether as underclothing or as outer decoration. * * * The
New Encyclopaedia Britannica, 15th Edition, at 167.
[emphasis added.]
Smoothly fitted undergarment extending from or below the
bust down over the hipline; often stiffened by strips of
steel or whalebone, limbered by elastic goring, sometimes
tightened by lacing. Worn by women for support and figure-
molding. Originally, made in two pieces laced together at
front and back. Formally called stays; now usually called
corsets. The Fashion Dictionary, by Mary Brooks Picken,
(1973), at 89. [emphasis added.]
A close-fitting, reinforced undergarment, reaching from the
bust to below the hips, worn by women to support the body or
mold the figure. The Modern Textile and Apparel Dictionary,
4th Edition, by George E. Linton, (1973), at 126. [emphasis
added.]
"Merry widow" is defined as:
A 1951 corset manufactured by Warner's and named after the
operetta by Franz Lehar. A pronounced hourglass shape, it
corresponded to the New Look shaping, restraining the waist
and lifting the bust. Infra-Apparel, by Richard Martin and
Harold Koda, (1993), at 47. -5-
A long-line bra, with many stays, usually strapless and
extending below the waist. Popular in the 50's worn under
formals. The Fashion Dictionary, by Mary Brooks Picken,
(1973), at 244.
A corset made by Warner's and named after Lehar's operetta.
Creating an hour-glass shape it had half-cup bust support
and long stocking suspenders. Underwear The Fashion
History, by Alison Carter (1992), at 152.
In your submission, you indicate that the term "merry widow"
is a misnomer which has been used inaccurately over the years.
After reviewing many fashion articles and advertisements, we must
agree that the term "merry widow", along with the terms "corset",
"bustier", "corselette" and "torsolette" are used often
interchangeably and thus clearly inaccurately to identify various
garments. Indeed, the definitions of "merry widow" given above
illustrate a difference of opinion. In two definitions, a "merry
widow" is clearly identified as a corset, yet one definition
calls it a long-line bra. Therefore, we will not make any
inferences regarding the classification of the garments at issue
based on their designation as "merry widows".
A key argument in your submission is that a corset serves to
"cinch the waist". Indeed, as you point out, in Infra-Apparel,
at 47 (1993), in discussing corsets, it is stated:
The corset cleaves and cinches the waist, by impression or
by physical impress, then enhancing the bosom as it is
lifted up by the corset construction.
Affidavits from two industry experts were submitted February 15,
1995, to provide additional support to your arguments. The
"experts" are individuals who have extensive experience in the
intimate apparel industry and one has been certified as a Trained
Fitter of Corsets by the Corset Guild of Great Britain.
One of the experts stated in his affidavit:
A corset is a "body re-shaping" garment. It resculpts the
body. The primary focus of the control feature is the
waist.
The other expert in discussing corsets stated:
In the intimate apparel industry, a corset is recognized as
a body shaping garment which encircles the waist. It is
designed to displace flesh evenly throughout the torso. In
this manner the dimensions and the shape of the wearer are
actually changed. A corset must cover the hip area in order
to create the hourglass figure or "wasp-waist" look. -6-
A review of the lexicographic sources and the testimony of
the industry experts in the affidavits submitted by you support
the view that part of the function of a corset is to "cinch the
waist" or "give the impression or appearance of cinching the
waist". As the "merry widows" at issue simply reach the waist
and do not hold in the waist area or give the impression of
holding in the waist area, we agree they fail to function as
corsets. Thus, the garments at issue are not classifiable as
corsets.
Classification as long-line brassieres has been suggested.
The garments at issue do provide bust support which is the
function of a brassiere. You argue that the garments provide
minimal bust support and do not function as brassieres. In
addition, you argue that the presence of the garters makes the
garments at issue more than brassieres.
The following definitions are helpful to this discussion:
From Fairchild's Dictionary of Fashion, 2d Edition:
Bra: A shaped undergarment worn by women to mold and support
the breasts. Usually consists of two cups held in place
with straps over the shoulders and elastic in center back.
Long-line bra: Bra that fits the bust or rib cage, extends
to waist or below. Worn with girdle to eliminate waistline
bulges. Sometimes boned and wired to be worn without
straps.
From Webster's Third New International Dictionary:
Brassiere: a woman's close-fitting undergarment having cups
for bust support, varying in width from a band to a waist
length bodice, made with or without straps, and often boned
or wired for additional support or separation.
From The Fashion Dictionary, by Mary Brooks Picken, (1973), at
36:
Brassiere: Close-fitting undergarment shaped to support
bust. Also called bra, uplift, bandeau.
From Essential Terms of Fashion: A Collections of Definitions, by
Charlotte Mankey Calasibetta, (1986), at 18.
Bra: A shaped undergarment worn by women to mold and support
the breasts. Usually consists of two cups held in place
with straps over the shoulders and elastic in center back.
Bra is shortened form of word brassiere, a garment first
popularized in the early 20th c. Also called bandeau. -7-
Long-line b: Bra that fits the bust or rib cage, extends to
waist or below; worn with girdle to eliminate waistline
bulges; sometimes boned and wired to be worn without straps.
Statements in the submitted affidavits referenced earlier
support your argument that the "merry widows" at issue are not
long-line brassieres. Of particular importance are statements by
the industry experts that long-line brassieres never have any
appendages attached to the garment, i.e., they never have
garters. The affidavits also contain statements regarding
fabrication differences between the garments at issue and corsets
and brassieres. These statements give support to arguments made
in your original submission.
As stated above, the "merry widows" at issue have attached
garters. In two garments, the garters are detachable; in one,
the garters are permanently attached. Customs agrees with the
view that long-line brassieres do not have attachments such as
garters. The presence of the garters on these garments give them
the additional function of holding up stockings, a function not
attributable to long-line brassieres. The "merry widows" provide
bust support which is a function of brassieres, but the
additional function of holding up stockings by the attached
garters makes these garments more than long-line brassieres. As
these garments are more than brassieres, they are not
classifiable as brassieres. This is based on our belief that the
two functions are equally important to the purchaser of these
garments and to the character of the garments.
You claim the garments at issue are designed for short term
wear and for appearance more than function. While this may be
the case, the length of intended use does not affect the
classification, nor does the emphasis on the appearance of the
garment, i.e., that they are frilly, sexy items. Garments may be
attractive and functional, and the length of use is the choice of
the wearer.
As stated above, Customs agrees the garments fail to meet a
key function of a corset, that is to hold in or appear to hold in
the waist area. In addition, the garments function as more than
brassieres, providing bust support, albeit minimal, and providing
a means to hold up stockings by the use of the garter belts. As
the garments do provide some body support, and provide support
for other articles of apparel, i.e., stockings, the garments are
classifiable in heading 6212, HTSUSA, as similar articles.
Customs notes the arguments made in your submission
regarding use of fabrics in the construction of corsets, long-
line brassieres and the garments at issue. However, while we
recognize the types of fabric used in making these garments go to
the ability of the garment to function in the manner of a corset -8-
or long-line brassiere, Customs also recognizes that use of
fabrics may change and technological advances allow for changes
in fabrication. Therefore, we will not comment further on the
arguments regarding the fabrics used in making the garments at
issue and those generally used in making corsets or long-line
brassieres other than to state the arguments have been
considered. The decision on the classification of the garments
is not based on the fabrics used in making the garments, but on
the garments ability to function as corsets or long-line
brassieres.
HOLDING:
The garments at issue, style VSF-3018, VSI-701, and VSI-704,
are classifiable in subheading 6212.90.0030, HTSUSA, which
provides for garments of heading 6212 other than brassieres,
girdles and panty-girdles, and corsets. Goods classified in
subheading 6212.90.0030, HTSUSA, are dutiable at 7 percent ad
valorem and fall within textile category 659.
The designated textile and apparel category may be
subdivided into parts. If so, the visa and quota requirements
applicable to the subject merchandise may be affected. Since
part categories are the result of international bilateral
agreements which are subject to frequent renegotiations and
changes, to obtain the most current information available, we
suggest 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 updated weekly and
is available for inspection at your local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories, you should contact your local
Customs office prior to importation of this merchandise to
determine the current status of any import restraints or
requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division