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January 11, 1999

CLA-2-62:RR:NC:TA:354 D86404

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Ms. Judy Halasz
Vogue Brassiere Inc.
225 Sparks Avenue
Toronto, 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 December 10, 1998, you requested a ruling on the status of apparel from Canada under the NAFTA on behalf of Vogue Dessous International Inc.

Three samples of ladies’ garments were submitted for classification. Style U2109 is an underwire brassiere with a cup lining, back and front center section constructed of knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. 60% rayon 30% nylon 10% cotton raschel lace-like fabric which is made in Thailand, and cut and sewn in Canada covers the front cups and trims the cup bottoms. The American made 100% nylon center front lining is cut and sewn in Canada. The brassiere features adjustable shoulder straps and an adjustable double hook and eye closure at the rear.

Style U2309 is a padded underwire brassiere with a back constructed of knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. 60% rayon 30% nylon 10% cotton raschel lace-like fabric which is made in Thailand, and cut and sewn in Canada covers the front of the brassiere. The American made lining is 100% nylon fabric which is cut and sewn in Canada. The Canadian padding and pad lining are cut and sewn in Canada. The brassiere features adjustable shoulder straps and an adjustable double hook and eye closure at the rear.

Style U0209 is a women’s bikini panty with a V-shaped front panel constructed of a 60% rayon 30% nylon 10% cotton embroidered raschel knit fabric which is made in Thailand, and cut and sewn in Canada. The side panels and back are constructed of a knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. The panty has a sewn in crotch and an elasticized waistband and leg openings. The essential character is imparted by the embroidered fabric front panel material.

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

The applicable subheading for styles U2109 and U2309 will be 6212.10.9020, 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: other: other: of man-made fibers. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for style U0209 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: other . . . women's. The general rate of duty will be 16.1 percent ad valorem.

Each of the non-originating materials used to make styles U2109 and U2309 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. Each of the non-originating materials used to make style U0209 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/61.31. Styles U2109, U2309 and U0209 will be 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).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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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