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NY 867191

October 18, 1992

CLA-2-62:S:N:N3H:354 867191

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.2020; 9802.00.80

Ms. Doris Acosta
Olga Division of Warnaco
90 Park Avenue, 12th Floor
New York, NY 10016

RE: The tariff classification of women's sports bras assembled in Mexico.

Dear Ms. Acosta:

In your letter dated September 18, 1991, you requested a classification ruling. As requested, your samples will be returned to you.

Style 06084 is described as a woman's sports bra made from knit 46% polyester, 46% cotton and 8% spandex material. The garment measures 10 inches from the top of the straps to the close fitting 3/4 inch elasticized hemmed bottom and features a scoop neckline, capping on the neckline and armholes, T-styled back and one inch wide shoulder straps. The cut and sewn garment has a two ply front, the inner ply has heat set molded cups. Style 36094 is identical to style 06084, except that it is made of a 84% polyester and 16% spandex fabric. Style 36087 is similar to style 06084, except that it features a crisscross front.

Sample 36085 is described as a woman's sports bra made from 88% nylon and 12% spandex openwork knit material. The garment measures 10 inches from the top of the straps to the close fitting 3/4 elasticized hemmed bottom and features a scoop neckline, capping on the neckline and armholes, T-styled back and one inch wide shoulder straps. The cut and sewn garment has a two ply front, the inner ply is made from a 46% cotton, 46% polyester and 8% spandex material and has heat set molded cups.

All the submitted garments are in Olga's "Bras, Shapewear and Daywear" catalog. The bras are marketed with hangtags that state, "sports built-in bra". All four garments are sold exclusively from women's intimate apparel departments.

The applicable subheading for styles 06084, 36094, 36087 and 36085 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.

Upon compliance with all applicable regulations and Chapter Notes, these items will be eligible for entry at reduced duty under the provisions of heading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of fabricated components, the product of the United States, which a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape, or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process.

Styles 06084, 36094, 36087 and 36085 fall within textile category designation 649. Based upon international textile trade agreements, products of Mexico are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report On Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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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