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NY B86185





June 24, 1997

CLA-2-62:RR:NC:TA:354 B86185

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.5020; 6212.90.0030

Ms. Judy Halasz
Vogue Brassiere Inc.
225 Sparks Avenue
Willowdale, Ontario
Canada M2H 2S5

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

Dear Ms. Halasz:

In your letter dated June 5, 1997, you requested a ruling on the classification and status of apparel from Canada under the NAFTA.

Four samples were submitted for classification. Style 9800 is an underwire brassiere produced from American made fabrics. The underwire cup and the back is constructed of 85% nylon 15% spandex embroidered fabric. The remainder of the brassiere including the straps, trim at top of cups, and center strips connecting the cups is constructed of 90% nylon 10% spandex fabric. The shoulder straps are adjustable and there is an adjustable double hook and eye closure at the rear.

Style 980 is a brief style panty produced from American made fabrics. The front of the brief is made of 85% nylon 15% spandex embroidered fabric. The back, sides and crotch are made of 90% nylon 10% spandex. The brief features an elasticized waistband and high cut leg openings which are elasticized at the rear of the garment.

Style 8958 is a bodyshaper constructed of American made fabrics as follows: The bottom cup, front of garment, front inner panel and crotch are made of 83% nylon 17% spandex; rachel lace-like upper cups and leg opening trim are made of 88% nylon 12% spandex; the bottom cup lining is made of 100% nylon; and back of garment 74% nylon 26% spandex. The garment features underwire cups, a two ply control panel at the front, adjustable shoulder straps, and a bra-style hook and eye adjustable closure at the crotch. The highly elasticized garment is designed to provide body support.

Style 722 is a thong bikini constructed of 90% nylon 10% spandex knitted fabric. The nylon is produced in Canada and the spandex is of American origin. The bikini features a rachel lace-like front panel, an elasticized waistband and leg openings, and a bow sewn on at the center of the waistband.

You have indicated that the material for the garments will be made in United States and Canada, followed by cutting and assembly in Canada.

The applicable subheading for style 9800 will be 6212.10.5020, 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: brassieres: containing lace, net or embroidery: other . . . of man-made fibers. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for the styles 980 and 722 will be 6108.22.9020, HTS, 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 16.3 percent ad valorem.

The applicable subheading for style 8958 will be 6212.90.0030, 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 6.9 percent ad valorem.

All garments covered by this ruling, being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise is entitled to the following rates of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements: Style 9800 - 3.2 percent, styles 980 and 722 - 1.6 percent, and style 8958 - 0.7 percent.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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