CLA-2 CO:R:C:T 954488 jb
Tommy Lai
Economic and Trade Office
British Embassy
1150 18th Street, N.W., Suite 475
Washington, D.C. 20036
RE: Classification of decorated brassiere; EN to heading 6212
include all bras; though serving as a body support garment
brassiere may also be worn as outerwear
Dear Mr. Lai:
This is in response to your letter of June 22, 1993, on
behalf of Dakota Blue Inc., requesting the textile classification
of an embroidered garment. A sample was submitted to this office
for examination and will be returned to you under separate cover.
FACTS:
The merchandise, referred to as Style 4406, is a garment
with a three piece body constructed from 100 percent cotton woven
fabric. The item features formed mesh cups, adjustable shoulder
straps, a hook and eye bra-type closure and elastic at the back.
Additionally, scalloped strips of eyelet embroidered woven fabric
are overlaid and inserted around each cup.
You state in your letter that the article, heavily decorated
with lace trimmings on the outer surface of the cups, suggests
that it is intended to be worn as an outerwear garment. As such,
you feel the garment should be classified as an outerwear
garment.
ISSUE:
Whether the article should be classified as a brassiere or
as outerwear under the Harmonized Tariff Schedule of the United
States Annotated (HTSUSA)?
LAW AND ANALYSIS:
Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRI), taken
in order. GRI 1 requires that classification be determined
according to the terms of the headings and any relative section
or chapter notes, taken in order. Where goods cannot be
classified solely on the basis of GRI 1, the remaining GRI will
be applied, in the order of their appearance.
Heading 6212, HTSUSA, provides for brassieres, girdles,
corsets, braces, suspenders, garters and similar articles and
parts thereof, whether or not knitted or crocheted. The
Explanatory Notes to the Harmonized Commodity Description and
Coding System (EN), to heading 6212, HTSUSA, state in pertinent
part:
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. (Emphasis added)
All the above articles may be furnished with trimmings of
various kinds (ribbons, lace, etc.) and may incorporate
fittings and accessories of non-textile materials (e.g.,
metal, rubber, plastics or leather). (Emphasis added)
The term "brassiere" is defined as follows:
a close fitting undergarment shaped to support the bust,
The Fashion Dictionary, by Mary Brooks Picken, 1973
a woman's close-fitting undergarment with cups for breast
support, Webster's New Collegiate Dictionary, 1991
Normally, garments possessing structural features such as
distinct cups, underwires, stays, support fabric, and hook and
eye back closures are associated with brassieres. In some cases
the garment will possess some, but not all of these features and
will still be considered a brassiere. In HQ 951264, dated
July 1, 1992, T-back sports bras were ruled by Customs to qualify
as brassieres even though they lacked traditional features such
as distinct cups, clasps, hook and eye closures, underwires, and
stays. It was determined that so long as the articles were
treated as foundation wear in the industry and possessed the
requisite support features, the garments were not precluded from
classification in heading 6212.
Inquiries made by this office to well-known lingerie and
outerwear manufacturers have revealed that the undergarment
industry has undergone tremendous change in the last few years as
to what is currently acceptable as outerwear. Well-known
manufacturers of lingerie and outerwear such as Olga and Calvin
Klein have stated that the acceptable role of brassieres for use
as outerwear has greatly expanded over the past several years.
Although articles such as the subject garment may be worn as
outerwear, they are functionally still brassieres.
In HQ 950685, dated March 11, 1992, classifying similar
heavily decorated garments as brassieres, Customs held that:
...All articles incorporating features traditionally
associated with brassieres (i.e., stays, underwire cups) are
made in engineered foundation factories. These articles are
constructed in the same manner as more traditionally
designed bras that are not intended to be displayed when
worn. Both types of garments are brassieres providing equal
body supporting functions; the only difference is that it is
now acceptable to let brassieres that have been embellished
in some manner show under outerwear or even be worn by
themselves.
The EN to heading 6212 clearly state that the heading
includes brassieres of all kinds and that they may be furnished
with trimmings of various kinds. In HQ 555773 dated
December 10, 1990, Customs classified a garment as a brassiere in
heading 6212, HTSUSA, regardless of the fact that it was
decorated heavily with glass or plastic beads, ribbons, trim and
appliques. Similarly in HQ 950685, garments decorated with
plastic sequins and embroidered on the outer surface were also
classified as brassieres in heading 6212, HTSUSA.
In those rulings the garments at issue were much more
heavily decorated. It was even more clear in those garments that
they were designed to be worn and seen; much more than the
subject garment which features embroidered woven fabric which
lies flat against the garment.
The subject garment also possesses traditional features such
as mesh cups, adjustable shoulder straps, hook and eye closure
and elastic at the back, for a more fitted wear, normally
attributed to brassieres. The garment provides the requisite
support intended by the EN to 6212, HTSUSA, and is properly
classified as a brassiere.
HOLDING:
Style 4406 is properly classified in subheading
6212.10.1010, HTSUSA, which provides for, among other things,
brassieres, containing lace, net or embroidery. The applicable
rate of duty is 32 percent ad valorem and the quota category is
349.
The designated textile and apparel category may be
subdivided into parts. If so, 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 negotiations and
changes, we suggest that your client check, close to the time of
shipment, the Status Report on Current Import Quotas (Restraint
Levels), and issuance of the U.S. Customs Service which is
updated weekly and is available at the local Customs office.
Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) categories,
your client should contact the local Customs Office prior to
importing the merchandise to determine the current status of any
import restraints or requirements.
Sincerely,
John Durant, Director
Commercial Rulings Division