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NY I87825




October 30, 2002

CLA-2-62:RR:NC:TA:354 I87825

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Mr. Ken Skillman
Vanity Fair Intimates, L.P.
3025 Windward Plaza, Suite 600
Alpharetta, Georgia 30005

RE: The tariff classification of brassieres from Spain.

Dear Mr. Skillman:

In your letter dated October 15, 2002, you requested a tariff classification ruling.

Two samples were provided for review. Style 12222 is an underwire brassiere constructed of sheer 88% polyamide 12% elastane raschel lace-like cups and a sheer mesh fabric back. The shoulder straps are constructed of double leather straps at the front and adjustable elasticized straps at the back. The brassiere also features a magnetic clasp closure at the back and three leather strips between the cups.

Style 12410 is an underwire brassiere constructed of sheer 62% polyamide 26% viscose raschel lace-like cups and a sheer knitted fabric back. The brassiere features adjustable elasticized shoulder straps and a rear hook and eye closure.

The submitted sample of style 12410 is not marked with its country of origin. Section 134.11 of the Customs Regulations (19 C.F.R. 134.11) provides in part:

Unless excepted by law...every article of foreign origin (or its container) imported into the U.S. shall be marked in a conspicuous place as legibly, indelibly, and permanently as the nature of the article (or container) will permit, in such a manner as to indicate to an ultimate purchaser in the U.S. the English name of the country of origin of the article, at the time of importation into the Customs territory of the U.S.

Also, please note that pursuant to section 141.113, Customs Regulations (19 C.F.R. 141.113) and the Textile Fiber Products Identification Act (15 U.S.C. 70), textile and apparel articles are required to be marked or labeled with the fiber content, by percentage in descending order by weight, using generic terms.

The applicable subheading for the both styles will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassiere: other: other . . . of man-made fibers. The general rate of duty will be 17.1 percent ad valorem.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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