CLA-2-63:OT:RR:NC:TA:351
Deborah Anna Abbaszadeh
Simple Wishes, LLC
384 Wyndgate Road
Sacremento, CA 95864
RE: The tariff classification of a Hands-Free Pumping Bustier from China
Dear Ms. Abbaszadeh:
In your letter dated received April 23, 2009, you requested a tariff classification ruling.
The submitted sample (Style SWBP-01) is a hands-free pumping bustier that is constructed of 83% cotton/17% spandex knit fabric. It is to be worn by a woman over a nursing bra when she is using a breast pump. It covers the bust area and has two shoulder straps that are connected to the front and an adjustable back panel. An optional center panel in front is attached with a zipper on either side and can be removed. The item closes by attaching one end of each side with hook-and-loop fastener strips to the back panel. The breast pump is inserted into the circular opening on either side on the front of the item.
The bustier will be sold in hospitals, baby stores that rent or sell breast pumps, and through your website, simplewishes.com. The item is not considered underwear and will be worn only while pumping and then removed when the pumping is completed. Two breast pumps were included with your sample for demonstration purposes but will not be imported with the bustier; the pumps are not part of this ruling.
The applicable subheading for the hands free pumping bustier will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up textile articles, other. The rate of duty will be 7% ad valorem.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.
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.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division