Brassieres with machine knit openwork designs are notconsidered of lace.

HQ 083054 March 13, 1990 CLA-2 CO:R:C:G 083054 HP CATEGORY: Classification TARIFF NO.: 6212.10.2010; 6212.10.2020 Mr. Thomas G. Travis Sandler, Travis & Rosenberg, P.A. ATTORNEYS AT LAW RIVERGATE PLAZA 444 BRICKELL AVENUE MIAMI, FLORIDA 33131-2470 RE: Brassieres with machine knit openwork designs are not considered of lace. Dear Mr. Travis: This is in reply to your letter of September 6, 1988, concerning the tariff classification of brassieres, produced of U.S. components in either Mexico, the Dominican Republic, or the Philippines, under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA). Please reference your client Playtex Apparel, Inc. - your reference 12800. Pursuant to section 177.2(b)(7), Customs Regulations (19 C.F .R. 177.2(b)(7)), your request, under section 552(b)(4) of the Freedom of Information Act (5 U.S.C. 552(b)(4)) for confidentiality of all information in the raw material specification sheets included with your ruling request, is granted. The issue of potential duty reduction under heading 9802, HTSUSA, is not being addressed. FACTS: The merchandise at issue consists of seven styles of brassieres with openwork designs, subdivided into three groups according to description in the Table below. Group A Styles 655, 685, 740, and 767, their common feature being all include a criss-cross design formed by a mac hine knit openwork edging which ex tends from the lower front center of the garment to the top edges of the cups. Con structed of man- made fibers; lycra, spandex or elastic. Group B Styles 702 and 707, support garments, their common fea ture being the top sections of the cups, the center of the garments, and the edging is machine knit openwork. The center panel on Style 707 is a sep arate component. Constructed of man-made fibers; lycra, spandex or elastic. Group C Style 5089, in which the cups are framed by a 1" machine knit open work band that completes the cups, and a criss-cross design formed by a machine knit open work edging. Con structed of a blend of cotton and man- made fibers - chief ISSUE: Whether the machine knit openwork portion of the brassieres is considered lace under the HTSUSA? LAW AND ANALYSIS: Subheading 6212.10.10, HTSUSA, provides for, inter alia, brassieres containing lace. If the machine knit openwork portions of the instant merchandise are considered lace, this subheading would be applicable. The Explanatory Notes (EN) to the HTSUSA constitute the official interpreta tion of the tariff at the international level. The EN to heading 5804 excludes from classification as lace "openwork products of any kind produced by knitting by hand or machine (Chapter 60)...." If the machine knit openwork portions of the brassieres cannot be considered lace under heading 5804, the brassieres cannot contain lace under heading 6212. See HRL 086013 of February 2, 1990 (where construction of article fails to meet description of net fabrics under heading 5804, article cannot be classified in heading 5608). HOLDING: As a result of the foregoing, the instant merchandise is classified ... Style 5089 ... under subheading 6212.10.2010, HTSUSA, textile category 349, as brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, brassieres, other, of cotton. The applicable rate of duty from either Mexico or the Philippines is 18 percent ad valorem. Merchandise classified under this subheading, imported from the Dominican Republic, may, if all applicable requirements are met , be subject to a Free rate of duty under the Caribbean Basin Economic Recovery Act (CBERA), 19 U.S.C. 2702. All Other Styles ... under subheading 6212.10.2020, HTSUSA, textile category 649, as brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted, brassieres, other, of cotton. The applicable rate of duty from either Mexico or the Philippines is 18 percent ad valorem. Merchandise classified under this subheading, imported from the Dominican Republic, may, if all applicable requirements are met , be subject to a Free rate of duty under the CBERA. 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, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an issuance of the U.S. Customs Service, which is updated weekly and is available 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 importing the merchandise to determine the current status of any import restraints or requirements. Sincerely, John Durant, Director Commercial Rulings Division