Victoria's Secret, Lerner NY Challenge CBP's Classification of Shelf Bra Camis

There are two test cases pending in the Court of International Trade, in which Victoria's Secret Direct, LLC and Lerner New York, Inc. (retailer New York & Company) are challenging U.S. Customs and Border Protection's classification of a women's garment called a shelf bra cami or bra top camisole. These garments have a tank top or camisole silhouette and contain a built-in brassiere.

CBP classified these garments under HTS subheadings 6109.10.00 (16.5%) and 6114.30 (28.2%) as sportswear of cotton and man-made fiber, respectively. However, Victoria's Secret and Lerner argue that the garments are properly classifiable as body-supporting garments, like brassieres and similar articles under HTS subheading 6212.90.00 (6.6%). According to documents filed with the CIT, CBP has classified such tank tops, camisoles, and other similar articles with shelf bras in tariff provisions which carry duty rates as high as 32% ad valorem, depending on the fiber content.

Attorneys Advise Companies Importing Similar Items to File Protests

According to the companies' attorneys, the judge is expected to issue his decision sometime in 2012 and an appeal is expected. They and other attorneys advise companies importing similar items, who are interested in protecting their rights to potential duty refunds or in obtaining refunds on past importations, to quickly file protests.

See Slip Op. 11-149 (dated 12/05/11) and Slip Op. 11-150 (dated 12/05/11) for the CIT's denial of the U.S.' motion to preclude Lerner NY's and Victoria's Secret's witness, a fit model, from testifying on the fit, feel, support, design, and function of the subject merchandise.