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NY 815014




October 18, 1995

CLA-2-61:R:NV:354 815014

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020

Mrs. Alice Wagner
Tower Group International
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ladies' underwear from Canada; Article 509

Dear Mrs. Wagner:

In your letter dated September 15, 1995, on behalf of Vogue Brassiere Inc., you requested a ruling on the classification and status of apparel from Canada under the NAFTA.

You have submitted five samples. Styles 226 and 556 are panties constructed from 100% lace-like nylon knit fabric produced in the U.S.A. The elastic used in the waistband is produced in Spain.

Styles 227 and 557 are panties constructed from 87% nylon 13% spandex fabric knit in Canada. The elastic trim is also made in Canada.

Style 716 is a thong style panty with the front constructed from 94% nylon 6% spandex lace-like knit fabric produced in Germany. The back is constructed from 84% nylon 16% spandex fabric knit in Canada. The essential charater of the garment is imparted by the lace-like front fabric.

The applicable tariff provision for the panties will be 6108.22.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The general rate of duty will be 16.5 percent ad valorem.

Styles 226, 556, 227 & 557 being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a 4.9 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Style 716 does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/61.31, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported. If you have any questions regarding the ruling, contact National Import Specialist Brian Burtnik at 212-466-5880.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director

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