The tariff classification of a brassiere from Indonesia.

N251158 March 21, 2014 CLA-2-62:OT:RR:NC:N3:354 CATEGORY: Classification TARIFF NO.: 6212.10.9020 Mr. Cory Stanford Nearly Me Technologies 3630 South Interstate 35, Suite A Waco, TX 76706 RE: The tariff classification of a brassiere from Indonesia. Dear Mr. Stanford: In your letter dated March 6, 2014, you requested a tariff classification ruling. The sample submitted will be returned. The sample submitted, style 630, Mastectomy Bra, is a brassiere with cups constructed of 100% nylon fabric and a back constructed of 86% nylon, 14% spandex fabric. The bra features pockets, which you state can hold silicone breast molds. Other features include an elasticized bottom and back band , adjustable hook and eye rear closures, elasticized arm openings, and elasticized, adjustable shoulder straps. The applicable subheading for style 630 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: Brassieres: Other: Other: Of man-made fibers. The rate of duty will be 16.9% ad valorem. In your letter you suggest 9021.39.0000, HTSUS, as the proper classification. Customs has previously ruled that this heading does not apply. This item is specifically provided for, and classified as a brassiere, by application of GRI 1. This item is also excluded by note 1(b) from chapter 90, and classifiable in section XI. Classification of the brassiere in heading 9021 as a part or accessory of the artificial body part is precluded. 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/. 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 John Hansen at (646) 733-3043. Sincerely, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division