Commission Regulation (EC) No 1178/2007
Of 5 October 2007 — CELEX 32007R1178
Description of the goods
Article made up of two knitted fabrics of different colour, of man-made fibres. The fabrics are suitable for swimwear. The article is to be worn next to the skin, reaching down to just below the bust, with two preformed cups being thinly padded and wired for support. The article has narrow removable shoulder straps. It is closed on the back by means of a clip. The part of the article reaching around the back presents on the inside adhesive strips clinging to the back of the wearer and holding the article in place together with the shoulder straps and the wired preformed cups. (brassiere designed like a bikini top) (See photograph no. 640 A, 640 B) (*1)
Reasons
Classification is determined by General Rules 1 and 6 for the interpretation of the Combined Nomenclature, note 2(a) to chapter 61 and the wording of CN codes 6212, 6212 10 and 6212 10 90. Although, from its general appearance, cut and nature of fabric the article appears to be an upper part of a two-piece bathing costume (bikini), classification in heading 6112 (swimwear) is excluded, because the article lacks the lower part of the ‘two-piece bathing costume’. See also the HS Explanatory Notes to heading 6112, (C). Moreover, the article is not an ‘incomplete article’ of heading 6112 (swimwear) within the meaning of GIR 2 (a), because the article does not have the essential character of the complete article (i.e. a two-piece bathing costume), since it cannot be used for swimming as such. The article is classified as a brassiere in heading 6212, because this heading includes brassieres of all kinds. See the HS Explanatory Notes to heading 6212, 2nd paragraph, (1). The two preformed padded cups, wired for support, are characteristic of classic brassieres. Together with the adhesive strips clinging to the back of the wearer and with or without the removable shoulder straps, the article is of a kind ‘designed for wear as body-supporting garment’. See also the HS Explanatory Notes to heading 6212, 1st paragraph.