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NY 863714


June 12, 1991

CLA-2-61;62:S:N:N3H:354 863714

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6212.10.2020; 6108.21.0010

Mr. Thomas W. Singer
C.J. Tower Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of underwear from Canada.

Dear Mr. Singer:

In your letter dated May 23, 1991, on behalf of Vogue Brassiere Inc., you requested a tariff classification ruling.

You have submitted four samples. Style 9190, is a knit brassiere. The middle of each cup is made from an openwork raschel knit fabric of 86% nylon and 14% spandex, the side of the cups and the back of the brassiere is made of knit fabric containing 90% cotton and 10% spandex. This garment also features an underwire, adjustable straps, hook and eye back closure and a small applique in the middle of the cups. Your second submitted sample, style 9090, is a knit brassiere. The middle of each cup is made from an openwork raschel knit fabric of 86% nylon and 14% spandex, the side of the cups and the back of the brassiere is made of knit fabric containing 90% cotton and 10% spandex. This garment also features adjustable straps, hook and eye back closure, a 1 1/2 inch wide openwork raschel knit fabric band on the bottom and a small applique in the middle of the cups. Your third sample, style 9390, is a knit brassiere. The top half of each cup is made from an openwork raschel knit fabric of 86% nylon and 14% spandex, the bottom of the cups and the back of the brssiere is made of a knit fabric of 90% cotton and 10% spandex. This garment also features an underwire, adjustable straps, a hook and eye back closure, a 1 1/2 inch wide openwork raschel knit fabric band on the bottom of the cups and a small applique in the middle of the cups. The essential character of all the brassieres is imparted by the raschel knit portion. Your fourth submitted sample, style 909, is a woman's brief of 90% cotton and 10% spandex except for the front section from the waist to an inverted V shaped cotton panel in the middle of the garment. That front section is of a knit openwork fabric consisting of 86% nylon and 14% spandex. This garment also features an elasticized waist, elasticized leg openings on the back side of the garment, a small applique on the center of the waist and a lined crotch.

The applicable subheading for styles 9190, 9090 and 9390, 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 909, will be 6108.21.0010, 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 cotton: women's. The duty rate will be 8.1 percent ad valorem.

Goods classifiable under subheading 6212.10.2020, HTS, which have originated in the territory of Canada, will be entitled to a 12.6 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 6108.21.0010, 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.

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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