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June 11, 1999

CLA-2-61:RR:NC:TA:354 E82561


TARIFF NO.: 6108.22.9020

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

RE: The tariff classification of ladies’ garments from Mexico.

Dear Ms. Halasz:

In your letter dated May 17, 1999, you requested a tariff classification ruling on behalf of Vogue Dessous International Inc.

Three samples of ladies’ undergarments were provided for review. All garments are made of a 85% polyester 15% spandex knitted mesh fabric. Style 657207 is a bikini panty with an elasticized waistband and leg openings and a sewn-in crotch lining. Style 657209 is a thong styled panty version of style 657207.

Style 657208 is a full cut panty brief with a one inch wide elasticized waistband, a sewn-in crotch lining and elasticized leg openings.

You have indicated that the materials for the garment are products of the United States which will be cut in Canada and assembled in Mexico. As recently discussed, this information is insufficient for issuance of a NAFTA ruling by this office.

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 all styles will be 6108.22.9020, Harmonized Tariff Schedule of the United States (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.

This ruling is being issued under the provisions of Part 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 212-637-7083.


Robert B. Swierupski

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