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January 6, 1999

CLA-2-62:RR:NC:TA:354 D86012

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Ms. Judy Halasz
Vogue Brassiere Inc.
225 Sparks Avenue
Toronto, Ontario
Canada M2H 2S5

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

Dear Ms. Halasz:

In your letter dated December 10, 1998, you requested a ruling on the status of apparel from Canada under the NAFTA on behalf of Vogue Dessous International Inc.

Three samples of ladies’ garments were submitted for classification. Style U5174 is an underwire brassiere with a cup lining and back constructed of knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. German made 85% nylon 15% spandex raschel lace-like fabric which is cut and sewn in Canada covers the front cups. An American made 100% nylon lining which is cut and sewn in Canada joins the front cups together. The brassiere features adjustable shoulder straps and an adjustable double hook and eye closure at the rear.

Style U5374 is a padded underwire brassiere with a back and outer cup lining constructed of knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. German made 85% nylon 15% spandex raschel lace-like fabric which is cut and sewn in Canada covers the front cups. An American made 100% nylon lining which is cut and sewn in Canada joins the front cups together. The Canadian padding and pad lining are cut and sewn in Canada. The brassiere features adjustable shoulder straps and an adjustable double hook and eye closure at the rear. Style U0574 is a women’s bikini panty constructed of a knitted 81% nylon 19% spandex American made fabric which is cut and sewn in Canada. German made 85% nylon 15% spandex raschel lace-like fabric which is cut and sewn in Canada overlays the front panel. The panty has a sewn in crotch and an elasticized waistband and leg openings. The essential character is imparted by the 85% nylon 15% spandex raschel lace-like fabric front panel material.

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 subheading for styles U5174 and U5374 will be 6212.10.9020, 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: other: of man-made fibers. The rate of duty will be 17.4 percent ad valorem.

The applicable subheading for style U0574 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16.1 percent ad valorem.

Each of the non-originating materials used to make styles U5174 and U5374 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. The brassieres will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Style U0574 does 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

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.

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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