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NY 809506




May 16, 1995

CLA-2-62:S:N5:354 809506

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020; 6108.22.9020

Mr. Scott E. Rosenow
Stein, Shostak & O'Hara
1620 L Street, N.W.
Suite 807
Washington, D.C. 20036-6270

RE: The tariff classification of a brassiere from Mexico and panty from Costa Rica.

Dear Mr. Rosenow:

In your letter dated April 17, 1995, on behalf of Sara Lee Foundations, you requested a classification ruling.

You have submitted two samples. Style 7159 BL (Bliss) is a 90% nylon and 10% spandex "WonderBra" brassiere. The brassiere features internal pockets which holds removable pads. The garment also features a bra-type hook and eye closure, a small bow in the center of the cups, adjustable shoulder straps and an underwire. Identical, except for the print are styles 7159 CT (cheetah) and 7160 RY (denim).

Style 7165 BL (Bliss) is a 90% nylon and 10% spandex knit panty. The panty features an elasticized waist, hi-cut elasticized leg openings and a cotton crotch. Styles 7166 RY (Denim) and 7165 CT (Cheetah) are identical, except for the prints.

The applicable subheading for styles 7159 BL, 7160 RY and 7159 CT will be 6212.10.9020, Harmonized Tariff Schedule (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 17.9 percent ad valorem.

The applicable subheading for styles 7165 BL, 7166 RY,and 7165 CT will be 6108.22.9020, HTS, which provides for women's or girls' slips, petticoats, briefs, panties ... and similar
articles, knitted or crocheted: briefs and panties: of man-made fibers: other, women's. The duty rate will be 16.5 percent ad valorem.

Styles 7159 BL, 7160 RY and 7159 CT, fall within textile category designation 649. Based upon international textile trade agreements, products of Mexico are subject to quota restraints.

Styles 7165 BL, 7166 RY and 7165 CT, fall within textile category designation 652. Currently products of Costa Rica in category 652 are not subject to visa requirements or quota restraints.

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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