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NY 854646

August 22, 1990

CLA-2-61;62:S:N:N3H:354 854646

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6212.10.2020; 6212.90.0030; 6108.22.0020; 6108.92.0015

Ms. Judy Halasz
Vogue Brassiere Incorporated
225 Sparks Avenue
Willowdale, Ontario, Canada M2H2S5

RE: The tariff classification of underwear from Canada.

Dear Ms. Halasz:

In your letter dated July 11, 1990, you requested a tariff classification ruling.

You have submitted five samples. Your first submitted sample, style 1180, is a brassiere of knit man-made fabric. The back of the brassiere and middle of each cup is made from an openwork raschel knit fabric of 80% nylon and 20% spandex, the side of the cups is made of knit fabric containing 88% nylon and 12% spandex. This garment also features an underwire, adjustable straps, hook and eye back closure and a small bow in the middle of the cups. Your second submitted sample style 1800, which you describe as a bustier, is made of 88% nylon and 12% spandex raschel knit openwork fabric. This garment features an underwire, detachable shoulder straps, a three hook bra-type back closure and four plastic stays which are present in the garment for support purposes. The third submitted sample, style 180, is a woman's brief of a 88% nylon and 12% spandex raschel knit openwork fabric. The brief features high leg openings, an elasticized waist and leg openings, lined crotch, and a small bow in the center of the waist. The fourth submitted sample, style 181, is a thong of 88% nylon and 12% spandex raschel knit openwork fabric. This garment has an elasticized waist, lined crotch and thong back. The fifth submitted sample, style 183, is a garter belt of 88% nylon and 12% spandex with an openwork knit raschel fabric front and a knit back fastened with a hook and eye. Also attached are four garters two at the front and two at the back.

The applicable subheading for styles 1180 and 1800, will be 6212.10.2020, 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... of man- made fibers. The duty rate will be 18 percent ad valorem.

The applicable subheading for style 183 will be 6212.90.0030, 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: other... of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 7 percent ad valorem.

The applicable subheading for style 180, will be 6108.22.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns 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.

The applicable subheading for style 181, will be 6108.92.0015, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties, nightdresses, pajamas, negligees, bathrobes, dressing gowns and similar articles, knitted or crocheted: other: of man-made fibers... other: women's. The duty rate will be 17 percent ad valorem.

Goods classifiable under subheading 6212.10.2020, HTS, which have originated in the territory of Canada, will be entitled to a 14.4 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6212.90.0030, HTS, which have originated in the territory of Canada, will be entitled to a 5.6 percent ad valorem 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 13.2 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations.

Goods classifiable under subheading 6108.92.0015, HTS, which have originated in the territory of Canada, will be entitled to a 13.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (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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