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NY 881708




February 10, 1993

CLA-2-62:S:N5:354 881708

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Mr. Carm Cleveland
Trifilar-A Sports, Inc.
290 Main Street
P.O. Box 100
Kingston, NS, Canada BOP 1RO

RE: The tariff classification of an athletic supporter/garter from Canada.

Dear Mr. Cleveland:

In your letter dated January 11, 1993, you requested a classification ruling.

Your submitted sample, the "Eliminator" is a complete athletic supporter and removable cup sewn into a man's knit cotton-polyester short designed for hockey players. The garment has four 4 1/2" long x 2" wide hook and loop strips that serve as garters. This garment features an elasticized waist and hemmed bottom. The essential character is imparted by the athletic supporter and garter type feature.

The applicable subheading for the "Eliminator" 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.

Goods classifiable under subheading 6212.90.0030, HTS, which have originated in the territory of Canada, will be entitled to a 3.5 percent 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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