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NY 815015




October 18, 1995

CLA-2-61:R:NV:354 815015

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Mrs. Alice Wagner
Tower Group International
128 Dearborn Street
Buffalo, NY 14207-3198

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a ladies' brief and brassieres from Canada; Article 509

Dear Mrs. Wagner:

In your letter dated September 15, 1995, on behalf of Vogue Brassiere Inc., you requested a ruling on the classification and status of apparel from Canada under the NAFTA.

You have submitted four samples. Style 721 is women's brief. Part of the front and the entire back are constructed from 90% nylon, 10% spandex knit fabric produced in Canada. The lace-like center V-shaped front panel is made from U.S.A. knit fabric. The elastic used in the waistband and leg openings is produced in Canada.

Styles 7120 and 7220 are brassieres. The underwired cups are constructed from 90% nylon 10% spandex knit fabric produced in U.S.A. The back and sides are constructed from 90% nylon 10% spandex fabric knit in Canada. The shoulder straps are adjustable and a there is an adjustable hook and eye closure at the rear.

Style 7200 is an underwire brassiere with a front clasp. The cups are constructed from lace-like raschel knit 94% nylon 6% spandex fabric made in Germany. The sides and back are constructed from 84% nylon 16% spandex fabric knit in Canada.

The applicable tariff provision for the brief will 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. The general rate of duty will be 16.5 percent ad valorem.

The applicable tariff provision for the bras will be 6212.10.9020, HTSUSA, which provides for brassieres, . . . , whether or not knitted or crocheted: brassieres: containing lace, net or embroidery, of man-made fibers. The general rate of duty will be 17.9 percent ad valorem.

The brief, being made entirely in the territory of Canada 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 4.9 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles 7120 and 7200, being made entirely in the territory of Canada 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 5.4 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make style 7200 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. Style 7200 will be entitled to a 5.4 percent 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,

Roger J. Silvestri
Director

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