HQ 951293: Classification of a Women's Mastectomy Swimsuit

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            HQ 951293

                          April 7, 1992

CLA-2 CO:R:C:T 951293 jlj

CATEGORY: Classification

TARIFF NO.: 6112.41.0010

Ms. Ginny Faught,
International Sales Manager
Surgical Appliances Industries, Inc.
3960 Rosslyn Drive
Cincinnati, Ohio 45209-9986

RE: Classification of a Women's Mastectomy Swimsuit

Dear Ms. Faught:

     In your letter of February 13, 1992, you requested a tariff
classification for a women's mastectomy swimsuit manufactured in
West Germany, Austria or Portugal.  You submitted a sample along
with your letter.

FACTS:

     The sample submitted is a women's one piece knit swimsuit
with shoulder straps.  It is made of 80 percent polyamide and 20
percent spandex.  At the breast area it has pockets to hold a
breast prothesis in place.  It is intended to be used by
convalescents from breast cancer surgery during swimming and
water therapy.

ISSUE:

     What is the proper Harmonized Tariff Schedule of the United
States Annotated (HTSUSA) classificaton for this swimsuit?

LAW AND ANALYSIS:

     Classification of merchandise under the HTSUSA is in
accordance with the General Rules of Interpretation (GRIs), taken
in order.  GRI 1 provides that classification shall be according
to the terms of the headings and any relative section or chapter
notes.

     You suggest that the swimsuit be classified as a prosthetic
device.  You enclose a letter from the North Carolina Department
of Taxation indicating that it classifies the instant swimsuit as
an orthopedic device.

     Although the garment has specially constructed pockets in
the breast area, it is still primarily a swimsuit and will be
used as such, therefore it must be classified as a swimsuit.

HOLDING:

     The instant swimsuit is classified under the provision for
women's knit swimwear of synthetic fibers containing by weight 5
percent or more elastomeric yarn or rubber thread, in subheading
6112.41.0010, HTSUSA.  It is dutiable at the rate of 26.5 percent
ad valorem.  Textile quota category 659 pertains to merchandise
classified in this subheading.

     Due to the changeable nature of the statistical annotation
(the ninth and tenth digits of the classification) and the
restraint (quota/visa) categories applicable to textile
merchandise, you should contact your local Customs office prior
to importation of this merchandise to determine the current
status of any import restraints or requirements.

     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.  Inasmuch
as part categories are the result of international bilateral
agreements which are subject to frequent renegotiations 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
internal issuance of the U. S. Customs Service, which is
available for inspection at your local Customs office.

                              Sincerely,



                              John Durant, Director
                              Commercial Rulings Division