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NY G86839




February 14, 2001

CLA-2-61:RR:NC:TA:354 G86839

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 February 5, 2001, you requested a ruling on the status of ladies’ garments from Canada under the NAFTA on behalf of Vogue Dessous International Inc.

Two samples were submitted for review. Style 951 is ladies’ bikini panty featuring a 88% nylon 12% spandex raschel lace two panel front with a 87% nylon 13% cotton knitted fabric comprising the balance of the panty. The panty features an elasticized waistband, a lined crotch panel, and high cut elasticized leg openings

Style 5320 is an underwire brassiere constructed of a 57% nylon 43% spandex knitted fabric. The brassiere features molded padded cups, adjustable elasticized shoulder straps and a double hook and eye rear garment closure.

You have indicated that United States origin fiber and yarn were used in the production of the fabric for both garments which will be cut, sewn and packed in Canada for exportation to the United States.

The applicable tariff provision for style 951will 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: other . . . women's. The general rate of duty will be 15.9 percent ad valorem.

The applicable tariff provision for style 5320 will be 6212.10.9020, 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 17.2 percent ad valorem.

Both garments 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 will therefore 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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