HQ 951824: Classification of knit sports bras; bra made of threedifferent fabrics of same construction; when garments are madefrom two or more different fabrics of same construction, anessential character test determines classification; 6212, HTSUSA;HRL 084707 (9/6/89); HRL 087672 (11/21/90); Headquarters Memo084118 (4/13/89)

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 951824

                          June 4, 1992

CLA-2 CO:R:C:T 951824 SK

CATEGORY: Classification

TARIFF NO.: 6212.10.2010

Lynne W. Wendt
Sandler, Travis & Rosenberg, P.A.
127 Peachtree Street, N.E.
Atlanta, Georgia 30303-1800

RE: Classification of knit sports bras; bra made of three
different fabrics of same construction; when garments are made
from two or more different fabrics of same construction, an
essential character test determines classification; 6212, HTSUSA;
HRL 084707 (9/6/89); HRL 087672 (11/21/90); Headquarters Memo
084118 (4/13/89)

Dear Ms. Wendt:

     This is in reply to your letter of May 1, 1992, on behalf of
your client, JBI, Inc., requesting a ruling on the tariff
classification and textile category designation of a sports bra. 

FACTS:
     
     The article at issue is a brassiere constructed from three
different knit fabrics and is designated as Style #09.  The two-
ply cups are made of 100% knit cotton fabric cut and sewn in
three panels with baseball style seams.  100% knit polyester mesh
is used between the cups and on the upper portion of the cups. 
The sides and back are all knit and are comprised of 42% nylon,
33% cotton and 25% spandex.  The garment also features adjustable
shoulder straps and a double, adjustable metal hook and eye rear
closure.

ISSUE:

     Whether classification of a sports bra is determined based
upon the component which comprises the article's chief weight or
based upon the component which imparts the essential character to
the garment?  




                              - 2 -

LAW AND ANALYSIS:

     This office has previously issued a response with regard to
the issue of when to apply a chief weight or an essential
character analysis in determining the classification of an
article comprised of two or more materials or substances. See
Headquarters Ruling Letters (HRL) 084707, dated September 6,
1989, and 087672, dated November 21, 1990, and also Headquarters
Memorandum 084118, dated April 13, 1989.   The rulings and
memorandum interpret General Rule of Interpretation (GRI) 3 as
reading that a garment made from two or more different fabrics of
the same or similar construction  will present an essential
character question.  It is only where a fabric is comprised of
blended fibers that a chief weight analysis is applied. 

     As the article at issue is comprised of several different
types of material of the same construction (i.e., knit cotton,
polyester and blends), and it is, prima facie, classifiable under
two or more subheadings, classification is effected by GRI 3: 
     (a) The heading which provides the most specific 
         description shall be preferred to headings providing
         a more general description.  However, when two or more
         headings each refer to part only of the materials or
         substances contained in mixed or composite goods or
         to part only of the items in a set put up for retail
         sale, those headings are to be regarded as equally
         specific in relation to those goods, even if one of 
         them gives a more complete or precise description of    
         the goods.

     The subheadings for cotton and man-made fiber brassieres
under heading 6212, HTSUSA, are equally specific with regard to
the subject merchandise.  Therefore the relevant analysis is
provided by GRI 3(b):

     (b) ... composite goods consisting of different
         materials or made up of different components, and goods
         put up in sets for retail sale, which cannot be
         classified by reference to 3(a), shall be classified
         as if they consisted of the material or component 
         which gives them their essential character, insofar as
         this criterion is applicable.

     Explanatory Note VIII to GRI 3(b) states:

     The factor which determines essential character will vary
     as between different kinds of goods.  It may, for example,
     be determined by the nature of the material or component,
     its bulk, quantity, weight or value, or by the role of a



                              - 3 -


     constituent material in relation to the use of the goods.

     While there is no doubt that the knit mesh and multi-fiber
components of this garment are important in that they serve to
hold the bra's cups securely in place when worn, it is the 100%
cotton cups which serve the primary function in relation to the
use of this garment.  The cups support a women's bust during
vigorous activity and this is the intended function of a sports
bra.  Accordingly, it is the cotton cups which impart the
essential character to this garment and classification is proper
under the provision for cotton brassieres under heading 6212,
HTSUSA.

HOLDING:

     The sports bra at issue is classifiable under subheading
6212.10.2010, HTSUSA, which provides for, in pertinent part,
brassieres whether or not knitted or crocheted: other ... of
cotton, dutiable at a rate of 18% ad valorem.  The applicable
textile category is 349.    

     The designated textile and apparel categories may be
subdivided into parts.  If so, the 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 renegotiations and
changes, to obtain the most current information available we
suggest 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 updated weekly and
is available for inspection at your local Customs office.

     Due to the 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 importation of this merchandise to determine the
current status of any import restraints or requirements.


                              Sincerely,




                              John Durant, Director
                              Commercial Rulings Division