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NY 817226

January 4, 1996

CLA-2-62:RR:NC:WA:354 817226


TARIFF NO.: 6212.10.9020

Mr. Steve Liptak
Inter-Maritime Forwarding Co. Inc.
156 William Street
New York, NY 10038-2689

RE: The tariff classification, textile category designation and country of origin marking requirements of a brassiere from the Philippines.

Dear Mr. Liptak:

In your letter dated December 1, 1995 you requested a classification and country origin marking ruling.

Style 6845 is women's brassiere constructed from man-made fiber knit fabric. The item features lightly padded two piece cups, elastic shoulder straps and bottom and adjustable single hook and eye rear closure. You indicate that United States fabric components will exported and used to make the brassiere. The components are the two outer pieces for each cup, the side/back piece and a narrow fabric interliner for the cup.

Pursuant to section 10.22 of the Customs Regulations (19 CFR 10.22), articles assembled abroad and entitled to an exemption from duty under subheading 9802.00.80, HTSUS, are considered products of the country of assembly for the purposes of the country of origin marking requirements of 19 U.S.C. 1304.

This regulation further states that if an imported assembled article is made entirely of American-made materials, the United States origin of the material may be disclosed by using a legend such as "Assembled in from material of U.S. origin," or similar phrase.

For purposes of the country of origin marking requirements of 19 U.S.C. 1304, the imported brassiere must be marked to indicate that the country of origin of the brassiere is the country of assembly. If the imported brassieres are made from entirely American-made materials, which in this case they are not, then they can be marked with the legend "Assembled in ______ from U.S. Components" or words of similar meaning.

The applicable subheading for style 6845 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (HTS), which provides for brassiere, girdles, . . . and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other, other, of man-made fibers. The duty rate will be 17.8 percent ad valorem.

The brassiere falls within textile category designation 649. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

This ruling is being issued under the provisions of Section 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 212-466-5880.


Roger J. Silvestri

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