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NY C83381




February 18, 1998

CLA-2-62:RR:NC:TA:354 C83381

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

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 January 12, 1998, you requested a ruling on the classification and status of apparel from Canada under the NAFTA.

Four samples were submitted for classification. Style U3390 is an underwire brassiere with fiberfill padding, adjustable shoulder straps and an adjustable double hook and eye closure at the rear. The raschel lace-like material cups are constructed of 88% nylon 12% spandex and the back of the brassiere is made of a 60% nylon 40% lycra spandex knitted material. Style U3490 is a similarly constructed underwire brassiere without fiberfill padding but with the addition of raschel lace-like trim encircling the bottom of the underwire cups.

Style 0601 is a tanga style panty with an elasticized waistband and leg openings. The two panel panty is constructed of 80% nylon 20% spandex knitted material which is joined together with 85% nylon 15% spandex lace trim along the front waistband. Style U6250 is a coordinating brassiere with adjustable shoulder straps and an adjustable single hook and eye closure at the rear.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

You have indicated that the fabric (yarns) for the garments will be made in United States, followed by manufacturing in Canada.

The applicable subheading for styles U3390, U3490 and U6250 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other: of man-made fibers. The rate of duty will be 17.6 percent ad valorem.

The applicable subheading for style 0601 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 16.2 percent ad valorem.

All styles, 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 a Free 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,

Robert B. Swierupski
Director,

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