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NY 851388

CLA-2-61:S:N:N3H:354 851388


TARIFF NOS.: 6108.22.0020; 6212.10.2020

Ms. Doris Acosta
Warnaco Inc., Women's Division
485 Seventh Avenue, 15th Floor
New York, N.Y. 10018

RE: The tariff classification of two women's knitted panties and one sports bra assembled in Mexico.

Dear Ms. Acosta:

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

You have submitted two samples of women's knitted fabric panties, style nos. 314 and 95321, and one sample of a woman's knitted fabric sports bra, style no. 2814. The three undergarments are made from fabrics that contain between 72-83% nylon and 17-28% Lycra spandex fibers, except for a small cotton crotch lining on style no. 95321. In your letter, you stated that all three styles are made for your Warner's division in Mexico of U.S. components. As requested in your letter, the samples will be returned to you.

The applicable subheading for the panties will be 6108.22.0020, Harmonized Tariff Schedule of the United States (HTS), which provides for women's or girls' slips, petticoats, briefs, panties,..., briefs and panties, of man-made fibers, other, women's. The rate of duty will be 16.6 percent ad valorem.

The sports bra will be classifiable under the provision 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, in subheading 6212.10.2020, HTS. The rate of duty will be 18 percent ad valorem.

Upon compliance with all applicable regulations and Chapter Notes, these items will be eligible for entry at a reduced duty under the provisions of heading 9802.00.80, HTS, which provides for articles assembled abroad in whole or in part of fabricated components, the product of the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process.

The panties and sports bra fall within textile category designations 652 and 649, respectively . Based upon international textile trade agreements, products assembled in Mexico are subject to the requirements of a visa and quota restraints in the same manner as they would apply to other imported merchandise.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 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.


Jean F. Maguire
Area Director

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