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NY F81602




January 19, 2000

CLA-2-62:RR:NC:TA:354 F81602

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 of ladies’ garments from Mexico.

Dear Ms. Halasz:

In your letter dated January 3, 2000, you requested a tariff classification ruling on behalf of Vogue Dessous International Inc.

Four samples were provided for review. Styles U5167 and U51067 are underwire soft cup brassieres constructed of 87% nylon 13% spandex knitted fabric. The brassieres feature adjustable shoulder straps which are doubled in the front and elasticized at the rear, and a double hook rear closure.

Styles U5168 and U51068 are underwire brassieres constructed of a 87% nylon 13% spandex knitted fabric. The brassieres feature padded cups, removable half-moon shaped pads which made be inserted into cup pockets, elasticized adjustable shoulder straps, a T-back, and a front plastic clip closure.

Styles U5169 and U51069 are thong styled bikini panties constructed of a 87% nylon 13% spandex knitted fabric. The panties feature an elasticized waistband and leg openings and a sewn-in crotch liner.

Styles U5107 and U51070 are bikini panties constructed of a 87% nylon 13% spandex knitted fabric. The panties feature an elasticized waistband and high cut leg openings, and a sewn-in crotch liner.

You have indicated that the materials for the garments are products of the United States. Materials for all garments will be cut in Canada, sewn in Mexico, and returned to Canada for packing and exportation to the United States. As previously discussed, this information is insufficient for issuance of a NAFTA ruling by this office.

The applicable tariff provision for the styles U5167, U51067, U5168 and U51068 will be 6212.10.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), 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 17.3 percent ad valorem.

The applicable tariff provision for styles U5169, U51069, U5107 and U51070 will be 6108.22.9020, HTSUSA, 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 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.

Sincerely,

Robert B. Swierupski
Director,

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