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NY C83551




February 20, 1998

CLA-2-62:RR:NC:TA:354 C83551

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Ms. Judy Halasz
Vogue Brassiere Incorporated
225 Sparks Avenue
Willowdale
Ontario, Canada M2H 2S5

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

Dear Ms. Halasz:

In your letter dated January 12, 1998 you requested a ruling on the classification and status of ladies' apparel from Canada under the NAFTA.

You have submitted three samples. Style U0501 is a women's bikini panty constructed of a textured knitted 39% nylon 40% cotton 21% spandex material. The panty is cut and sewn in Canada from fabric knit in the U.S. with man-made fiber of U.S. origin and cotton from Peru. The panty has a sewn-in crotch and an elasticized waistband and leg openings.

Style U0611 is a women's tanga style panty constructed of raschel lace-like knitted 81% nylon 19% spandex German made fabric which is cut and sewn in Canada. The panty has a sewn in crotch and an elasticized waistband and leg openings. Style U6111 is a coordinating underwire brassiere with foam padded cups, adjustable shoulder straps and an adjustable double hook and eye closure at the rear. The brassiere has the same fabrication as the tanga, with the exception of the U. S. made foam padding.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable tariff provision for styles U0501 and U0611 will be 6108.22.9020, 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 general rate of duty will be 16.2 percent ad valorem.

The applicable subheading for Style U6111 will be 6212.10.9020, HTS, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: other: other . . . of man-made fibers. The general rate of duty will be 17.6 percent ad valorem.

Styles U0501 and U0611 do not qualify for preferential treatment under the NAFTA because materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/61.31, HTSUSA.

Each of the non-originating materials used to make style U6111 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. Style U6111 will be entitled to a free 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). This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter to the Director, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1301 Constitution Avenue N.W., Franklin Court, Washington, D.C. 20229.

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,

Robert B. Swierupski
Director,

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