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NY 881568





January 22, 1993

CLA-2-61;62:S:N:5:354 881568

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.2020; 6108.22.0020

Mr. David M. Blake
C.J. Tower, Inc.
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification of women's underwear from Canada.

Dear Mr. Blake:

In your letter dated December 22, 1992, on behalf of Vogue Brassiere Incorporated, you requested a tariff classification ruling.

You have submitted five samples. Style 5110 is a woman's brassiere. The top half of the cups and an insert on each side of the garment are made of 84% nylon 16% spandex openwork knit "lace- like" fabric. The remainder of the back is made of a knit polyester fabric. This brassiere features adjustable straps, an underwire and a back hook-type closure. Style 2121 is a woman's brassiere. The cups and sides of the garment are made of 100% nylon openwork knit "lace-like" fabric. The top of the cups and front half of the straps are made of a knit 92% cotton and 8% spandex fabric. This brassiere features adjustable straps, an underwire and a back hook-type closure.

Style 510 is a woman's brief. The side panels of the brief are made of a 100% polyester openwork knit "lace-like" fabric. The remainder of the brief is made of 84% nylon and 16% spandex knit fabric with a cotton crotch. This brief features an elasticized waist and hi-cut elasticized leg openings. Style 632 is a woman's brief. The front panel of the brief is made of a 75% nylon, 12% rayon and 13% spandex openwork knit "lace-like" fabric. The remainder of the brief is made of satinette, a 95% nylon and 5% spandex knit fabric. This brief features an elasticized waist, hi- cut elasticized leg openings and a tiny rosette on the waist. Style 211 is a woman's brief of a 100% nylon openwork knit "lace-like" fabric. The brief features an elasticized waist and hi-cut leg openings. The front part of the waist has a two inch flounce of 92% cotton and 6% spandex.

The applicable subheading for styles 5110 and 2121 will be 6212.10.2020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassieres, girdles,... and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other, of man-made fibers. The duty rate will be 18 percent ad valorem.

The applicable subheading for styles 510, 632 and 211 will be 6108.22.0020, 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 16.6 percent ad valorem.

Goods classifiable under subheading 6212.10.2020, HTS, which have originated in the territory of Canada, will be entitled to a 9 percent rate of duty under the United States-Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6108.22.0020, HTS, which have originated in the territory of Canada, will be entitled to a 8.3 percent rate of duty under the FTA upon compliance with all applicable regulations.

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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