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NY 854647


August 22, 1990

CLA-2-61;62:S:N:N3H:354 854647

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6212.10.2020; 6212.90.0030; 6108.22.0020; 6108.92.0015

Ms. Judy Halasz
Vogue Brassiere Incorporated
225 Sparks Avenue
Willowdale, Ontario, Canada M2H2S5

RE: The tariff classification of underwear from Canada.

Dear Ms. Halasz:

In your letter dated July 11, 1990, you requested a tariff classification ruling.

You have submitted five samples. Your first submitted sample, style 4060, is a brassiere of a 85% nylon and 15% spandex. The brassiere is made of a sheer knit fabric with an overall dot design knit into the fabric. This garment also features adjustable straps, hook and eye back closure and a bow in the middle of the cups. Your second submitted sample style 4360, which you describe as a bustier is made of a 85% nylon and 15% spandex sheer knit fabric with an overall dot design knit into the fabric and is classifiable as a long-line brassiere. This garment features an underwire, one inch wide shoulder straps, a four hook bra-type front closure and four plastic stays which are present in the garment for support purposes. The third submitted sample, style 460, is a woman's brief of a 85% nylon and 15% spandex sheer knit fabric with an overall dot design knit into the fabric. The brief features an elasticized waist and back of the leg openings, a ruffle on the front of the leg openings and a lined crotch. The fourth submitted sample, style 462, is a garter belt of 85% nylon and 15% spandex of a sheer knit fabric with an overall dot design knit into the fabric and fastened with a three hook and eye closure at the back. Also attached are four adjustable garters two at the front and two at the back. The fifth submitted sample, style 4960, is a woman's knit 85% nylon and 15% spandex teddy. This garment features one inch wide straps, a V- neck line with a bow, and a plunge back. In addition, the garment has hi-cut openings elasticized in the back and featuring a ruffle in the front. The teddy has a three snap closure at the lined crotch.

The applicable subheading for styles 4060 and 4360, will be 6212.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other... of man- made fibers. The duty rate will be 18 percent ad valorem.

The applicable subheading for style 462 will be 6212.90.0030, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other... of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 7 percent ad valorem.

The applicable subheading for style 460, will be 6108.22.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: briefs and panties: of man-made fibers... other: women's. The duty rate will be 16.6 percent ad valorem.

The applicable subheading for style 4960, will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers... other: women's. The duty rate will be 17 percent ad valorem.

Goods classifiable under subheading 6212.10.2020, HTS, which have originated in the territory of Canada, will be entitled to a 14.4 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6212.90.0030, HTS, which have originated in the territory of Canada, will be entitled to a 5.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6108.22.0020, HTS, which have originated in the territory of Canada, will be entitled to a 13.2 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6108.92.0015, HTS, which have originated in the territory of Canada, will be entitled to a 13.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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