Classification of women’s body supporting garments; Internal Advice 38/97

HQ 962093 March 15, 1999 CLA-2 RR:CR:TE 962093 jb CATEGORY: Classification TARIFF NO: 6108.11.0010; 6212.30.0020; 6212.20.0020 Port Director United States Customs 1901 Cross Beam Drive Charlotte, North Carolina 28217 Attention: Ms. Betty Small RE: Classification of women’s body supporting garments; Internal Advice 38/97 Dear Sir: . This is in response to your letter, dated December 8, 1997, which forwards a request by Stein Shostak Shostak & O’Hara, on behalf of their client, Bali Company of Winston-Salem, for Internal Advice with respect to the classification under the Harmonized Tariff Schedule of the United States (HTSUS), for certain women’s body supporting garments. Samples were submitted to this office for examination. Although by fax dated March 9, 1999 (copy attached), the request for Internal Advice was withdrawn, there remain substantial issues, the discussion of which may benefit Customs field personnel and the importing community. Accordingly, we are issuing this letter as a response to the initial Internal Advice Request made pursuant to 19 CFR 177.11(a), concerning the issues raised by Stein Shostak Shostak & O’Hara. FACTS: The five samples submitted to this office are described as follows: Style 7135 is a slip constructed of knit fabric composed of 90 percent nylon and 10 percent spandex. The garment features adjustable shoulder straps, padded underwire cups with removable pads, elasticized edging extending from the base of the straps along the top edge of the slip around the back, and a four inch wide lace-like bottom constructed of stretch fabric featuring three thin strips of silicone on the underside to prevent the slip from riding up. It is sold in sizes 34-38, cup sizes A, B, and C; Style 7139 is referred to as a “shaping slip constructed of a knit fabric which stretches only in one direction” and is composed of 70 percent nylon and 30 percent spandex knit fabric. The item features a sewn-in thong style panty with a cotton-lined crotch, a two inch wide highly elasticized waistband and the same four inch wide lace-like bottom featured in style 7135. The sizes range from small to extra large; Style 7150 is a waist cincher corset stated by you to be composed of an outer fabric made of 90 percent nylon and 10 percent spandex (however, the label indicates a composition of 88 percent nylon and 12 percent spandex). Two side back panels feature a lining made of 72 percent nylon and 28 percent spandex. The item measures seven inches from top to bottom, has seven vertical stays and a hook and eye adjustable rear closure. The sizes range from small to extra large; Style 7151 is described as a bottom lift brief with waist cincher stated to be made with the same fabric composition as style 7150, that is, the body of the garment is 90 percent nylon and 10 percent spandex fabric, with a center front lining made up of 72 percent nylon and 28 percent spandex fabric. This item extends from above the waistline and covers the lower torso. It features five vertical stays, elasticized edging along the top and high-cut leg openings, hook and eye crotch opening, and a rear center seam for added shaping. The sizes range from small to extra large; Style 8856 is a control brief extending from above the waistline and covering the lower torso and is made of a nylon and spandex knit fabric (specific fiber content not given). The item features five vertical stays, an adjustable hook and eye crotch opening, a two-ply center front panel and two-ply side panels, and an elasticized edging along the waist and leg openings. The sizes range from small to extra large. ISSUE: What is the proper classification of the merchandise at issue? LAW AND ANALYSIS: Classification of merchandise under the Harmonized Tariff Schedule of the United States Annotated (HTSUSA) is in accordance with the General Rules of Interpretation (GRI). GRI 1 requires that classification be determined according to the terms of the headings and any relative section or chapter notes. 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 6108, HTSUS, provides for, among other things, women’s or girls’ slips. Note 2(a) to chapter 61 states that the chapter does not cover goods of heading 6212. The Fashion Dictionary, by Mary Brooks Picken, 1973, at 342, defines “slip” as: 1. Underslip usually made the length of the dress with which it is to be worn. Takes place of lining. 2. Undergarment combining corset cover or brassiere and petticoat. Braslip. A full slip with a built-in bra, either hooking in back or elasticized. Introduced in late 1960's. In the case of style 7135, you indicate that this garment is distinguishable from the garment commonly recognized as a “slip” because the subject garment has a dual function, that is, having features both of a slip and of a brassiere. As style 7135 has features that go beyond those of a slip, you claim it cannot be classified as such. In support of this position you make reference to HQ 956668, dated February 28, 1995, wherein garments identified as “Merry Widows”, and described as extending from the bust to the waist, constructed of polyester or stretch lace fabric, with underwire cups, vertical stays, hook and eye adjustable rear closures, and garters, were classified as other body supporting garments. The competing classification for this merchandise, a long-line brassiere, was eliminated because Customs found that these garments had features beyond those found on brassieres and thus could not be classified as such. Furthermore, you add that as Note 2(a) to chapter 61 does not include goods of heading 6212, submitted style 7135 which also has the feature of a brassiere (classifiable in heading 6212), is precluded from classification in chapter 61. First we note that subject style 7135 is distinguishable from the merry widow addressed in HQ 956668. The merry widow truly represented a garment with dual features, that of a brassiere and garter belts. As a whole, the garment had the silhouette of a corset and provided body support throughout the entire garment. The subject garment on the other hand, although featuring a brassiere top, is commonly referred to as a slip. As defined above, the definition of “slip” includes those garments which also feature a built-in bra and is not limited to “half slips”, that is, any of the various styles of slips which start at the waistline. As heading 6108 is an eo nomine provision, providing for slips in general, however found, the fact that note 2(a) to chapter 61 excludes merchandise of heading 6212 is inconclusive. Accordingly, style 7135 is specifically provided for in heading 6108, HTSUS. Heading 6212, HTSUSA, provides for, “brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted.” Within this heading are four subheadings which provide for the following types of garments: brassieres at subheading 6212.10, HTSUS; girdles and panty girdles at subheading 6212.20, HTSUS; corsets at subheading 6212.30, HTSUS; and other body supporting garments at subheading 6212.90, HTSUS. The Explanatory Notes to the Harmonized Commodity Description and Coding System (EN) to heading 6212, HTSUS, 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. (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). * * * In order to better comprehend the nature of the remaining styles of garments, a review of the lexicographic sources is necessary. The following definitions are thus useful: “Corset” is defined as: 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. 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. 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. “Girdle” is defined as: Undergarment worn by women and girls, designed to mold lower torso and sometimes legs; may be flexible two-way stretch or one-way stretch elastic with non-stretchable fabric panels; hip-to-ankle-length, with or without garters. Essential Terms of Fashion, by Charlotte Mankey Calasibetta, (1986), at 66. Women’s foundation garment replacing corset. More flexible and lighter than a corset, it does not come above the waistline. The Modern Textile and Apparel Dictionary, (1973), at 266. Flexible, light-weight shaped corset, made partly or entirely of elastic. Worn to confine figure, especially through hip line. The Fashion Dictionary, by Mary Brooks Picken, (1973), at 163. You claim that style 7139 has features which go beyond those of a girdle or slip and that styles 7151 and 8856 have features which can neither be attributed solely to a corset nor a girdle. In your opinion, as these garments are multi-functional body supporting garments, they should be classified as other body supporting garments in subheading 6212.90.00, HTSUSA. We disagree. These garments have features which are commonly associated with girdles. With respect to style 7139, that garment features knit fabric which stretches in only one direction, providing the type of control one finds in girdles; styles 7151 and 8856 include features such as stays, two-ply panels with powernet fabric, and hook and loop crotch openings lined with a cotton gusset. As was stated in HQ 959353, dated October 28, 1996: As reflected in the definitions of “girdle” noted above, there is no limiting language in those definitions which would preclude any of the “multi-functions” stated by the Protestant from existing simultaneously. A girdle is commonly understood as a garment which provides overall support for the lower torso- this would include the cinching of the waist to enhance the bosom, holding in hips, rear and thighs, holding up stockings (when garters are present) and providing for decency and hygiene when the girdle is also worn in place of panties. As such, the subject “multi-functional” garments aptly meet the eo nomine definition for girdles and are so classified. See also, HQ 950650, dated January 27, 1992, which classified a similar garment, made with a lower percentage of spandex, as a girdle. As such, submitted styles 7139, with “powernet fabric designed for firm shaping” and “sexy lace thong attached to the inside of slip”, style 7151 designed to “cinch in inches and trim the stomach at the same time” and style 8856, designed with “firm deluster panels at stomach and hips [and] rear shaping,....” , although featuring “multi-functions”, are properly classified as girdles in subheading 6212.20.0020, HTSUSA. See also HQ 950650, dated January 27, 1992, and HQ 950655, dated January 28, 1992, classifying similar garments as girdles.  The last style, 7150, is claimed to be other than a corset. However, we note that the garment is labeled on the hangtag as a “waist cincher corset” and is designed to shape the body “from the waist through the hips.” It would seem odd to classify this garment in a provision other than a corset, when, not only is it called a “corset” on the hangtag, but in referring to the definitions of “corset” above, it has the construction and features of a corset. As such, the subject garment, which is close-fitting, reinforced with stays and designed to shape the body from the waist through the hips, is properly classified as a corset in subheading 6212.30.0020, HTSUSA. HOLDING: Style 7135 is classified in subheading 6108.11.0010, HTSUSA, which provides for, women’s or girls’ slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: slips and petticoats: of man-made fibers: women’s. The applicable general column one rate of duty is 15.7 percent ad valorem and the textile quota category is 652. Styles 7139, 7151 and 8856 are classified in subheading 6212.20.0020, HTSUSA, which provides for, brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles: of man-made fibers. The applicable general column one rate of duty is 23 percent ad valorem and the textile quota category is 649. Style 7150 is classified in subheading 6212.30.0020, HTSUSA, which provides for, brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: corsets: of man-made fibers. The applicable general column one rate of duty is 24.4 percent ad valorem and the textile quota category is 649. 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), an 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) and the restraint (quota/visa) 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