CLA-2-61:S:N:N3H:354 876350

Mr. William J LeClair
Trans Border Customs Services Inc.
P.O. Box 800
Champlain NY, 12919

RE: The tariff classification of infants and children's underwear tops and bottoms from Canada.

Dear Mr. LeClair:

In your letter dated July 8, 1992, you requested a classification ruling.

You have submitted four samples. The samples are constructed from solid color waffle knit fabric which you indicate is 100% cotton. Each sample consists of a long sleeved top and long bottom. The tops feature a crew neck, rib knit cuffs, overlocked seams and a hemmed bottom. The bottoms feature an enclosed elasticized waist, overlocked seams and rib knit cuffs. The garments are for either sex and have style numbers as follows: STYLE NO. SIZE

15-6007-12 6 - 24 mos. 15-6010-12 2T - 4T 15-6001-12 4 - 7 15-6009-12 8 - 18

The applicable subheading for style 15-6007-12 will be 6111.20.6020, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments . . . knitted: of cotton: other: other, sets. The duty rate will be 8.6 percent ad valorem.

Goods classifiable under subheading 6111.20.6020, HTS, which have originated in the territory of Canada, will be entitled to a 5.1 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. The applicable subheading for all other long bottoms will be 6108.91.0005, HTS, which provides for women's or girls'...briefs, panties,... and similar articles, knitted or crocheted: other: of cotton: underwear: underpants. The duty rate will be 9 percent ad valorem. Goods classifiable under subheading 6108.91.0005, HTS, which have originated in the territory of Canada, will be entitled to a 5.4 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. The applicable subheading for all other tops will be 6109.10.0037, HTS, which provides for T-shirts,... and similar articles, knitted or crocheted: of cotton: women's or girls': underwear. The duty rate will be 21 percent ad valorem.

Goods classifiable under subheading 6109.10.0037, HTS, which have originated in the territory of Canada, will be entitled to a 12.6 percent ad valorem rate of duty under the United States- Canada Free Trade Agreement (FTA) upon compliance with all applicable regulations. 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.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport