All brassieres designed for women who have had a mastectomy are, like other articles of clothing, subject to six and a half percent import duty.

Customs classification officer Adam Barboza, was asked by The Royal Gazette to clarify the matter which has been a source of confusion among some members of the public since it was discussed in the House of Assembly last week.

"What has happened in the past was Dr. Cann (Chief Medical Officer) was authorised to write letters certifying that people were allowed to bring in things duty free," Mr. Barboza said.

"With the change of the tariff in September 2000 that was taken away from him. In doing that review some of the exemption allowances that were in place previously have been dropped from the tariff."

He added that a number of people assumed that Dr. Cann is still authorised to write exemption letters.

But Dr. Cann's authority on customs exemptions is now limited to goods brought in by the Red Cross, insecticides, goods for the Society of the Blind, The Bermuda Diabetic Society, PALS and prescription drugs that come into the Island.

The customs tariff was revised in 2000 to fall in line with international classification standards. The revision led to some unintended duty increases which had to be fixed by a housekeeping bill brought to Parliament last week.

Finance Minister Eugene Cox, in explaining the Bill said that items falling into the category "medical appliances designed to compensate for a disability or physical defect" would get duty relief.

But in answer to United Bermuda Party MP Kim Young's query as to whether the purpose designed mastectomy bras were included, he said he was out of his depth but that the relief was for disabilities not for surgery.

"If it was a male problem I'm sure it would be considered a disability," Mrs. Young replied. "These women have to live with it for the rest of their lives."

Mr. Cox promised to take the matter "under advisement".

Mr. Barboza stressed yesterday that Customs implements the Finance Ministry's directives and has no say in deciding duty rates.

"The Minister of Finance is very specific as to what is to be included in this new medical Customs Procedure Code," Mr. Barboza said.

Finance Ministry officials did not return a call seeking comment.

Besides providing relief for the medical appliances, the Bill also lowered rates paid for non aerated drinks with less than 100 percent juice,church tithing envelopes and horse drawn carriages.

And bait for use by commercial fishermen can now be imported duty free.