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NY 815690




November 7, 1995

CLA-2-61:R:NV:354 815690

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020; 6212.20.0020

Mrs. Alice Wagner
Tower Group Interational
128 Dearborn Stret
Buffalo, NY 14207-3198

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

Dear Mrs. Wagner:

In your letter dated October 9, 1995, on behalf of Vogue Brassiere Inc., you requested a ruling on the classification and status of apparel from Canada under the NAFTA.

Style 9738V is a brassiere. The bottom of the underwired cups and the sides and back are constructed from 95% nylon 5% spandex knit fabric produced in U.S.A. The top of the cups is constructed from 100% polyester lace-like knit fabric made in U.S.A./Canada. The shoulder straps are adjustable and a there is an adjustable hook and eye closure at the rear.

Style 9739V is women's panty girdle constructed from 73% nylon, 27% spandex knit fabric produced in the U.S.A. The lace-like center V-shaped overlaid front panel is made from 100% polyester knit fabric made in U.S.A./Canada. The garment has an elastic waistband and leg openings.

Style 5301V, a brief, and style 5576V, a bikini, are constructed from 95% nylon 5% spandex knit fabric made in the U.S.A. Each has a 100% polyester lace-like knit insert at the top of the front. This fabric is made in U.S.A./Canada.

You indicate that 9739V and 9738V will be manufactured in Canada and that styles 5301V & 5576V will be cut in Canada and assembled in Mexico.

The applicable tariff provision for styles 5301V & 5576V 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 6212.10.9020, 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 applicable tariff provision for style 9739V will be 6212.20.0020, HTSUSA, which provides for girdles and panty girdles, of man-made fibers. The general rate of duty will be 24.5 percent ad valorem.

Styles 9738V, 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 5.4 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles 9739V, 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 7.5 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles 5301V & 5576V, being made entirely in the territory 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 free rate of duty under the NAFTA when exported from Mexico to the U.S.A. upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make style 7200 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. Style 7200 will be entitled to a 5.4 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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