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NY 815016




October 18, 1995

CLA-2-61:R:N5:354 815016

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.5020

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 a ladies' brief and brassiere 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 two samples. Style 655 is women's brief. The front and back are constructed from 80% nylon, 20% spandex knit fabric produced in the U.S.A. Small embroidered inserts near the waist are also made from U.S.A. fabric. The elastic used in the waistband and leg openings is produced in Canada.

Style 6150 is a coordinating brassiere. The underwired cups are constructed from 80% nylon 20% spandex knit fabric produced in U.S.A. The back, sides and a small portion of the cups are constructed from 85% nylon 15% spandex embroidered fabric knit in the U.S.A. The shoulder straps are adjustable and a there is an adjustable double hook and eye closure at the rear.

The applicable tariff provision for the brief 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.

The applicable tariff provision for the bra will be 6212.10.5020, HTSUSA, which provides for brassieres, . . . , whether or not knitted or crocheted: brassieres: containing lace, net or embroidery, of man-made fibers. The general rate of duty will be 17.9 percent ad valorem.

The panty, 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.

The brassiere, 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 9.6 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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.

Sincerely,

Roger J. Silvestri
Director

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