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NY B86007




June 19, 1997

CLA-2-62:RR:NC:TA:354 B86007

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6109.90.1065; 6212.10.9010; 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 Mexico; Article 509

Dear Ms. Halasz:

In your letter dated May 27, 1997 you requested a ruling on the status of ladies' apparel from Mexico under the NAFTA.

You have submitted five samples. Style 173261 is a underwire brassiere made of knitted 85% cotton 15% spandex American made fabric which is cut in Canada and assembled in Mexico. The adjustable shoulder straps are elasticized and there is a double hook and eye closure at the rear.

Style 173262 is a underwire brassiere made of knitted 84% nylon 16% spandex English made fabric which is cut in Canada and assembled in Mexico. The adjustable shoulder straps are elasticized and there is a double hook and eye closure at the rear.

Style 173263 is a women's bikini panty constructed of knitted 84% nylon 16% spandex English made fabric which is cut in Canada and assembled in Mexico. The panty has an elasticized waistband and leg openings.

Style 173264 is a women's panty brief constructed of knitted 84% nylon 16% spandex English made fabric which is cut in Canada and assembled in Mexico. The panty has an elasticized waistband and leg openings.

Style 173331 is a women's camisole constructed of knitted 84% nylon 16% spandex English made fabric which is cut in Canada and assembled in Mexico. The camisole features a hemmed bottom and elasticized spaghetti shoulder straps and capping which extends across the top of the garment.

The applicable subheading for the style 173261 will be 6212.10.9010, 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 cotton. The rate of duty will be 17.7 percent ad valorem.

The applicable subheading for Style 173262 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 17.7 percent ad valorem.

The applicable tariff provision for styles 173263 and 173264 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 16.3 percent ad valorem.

The applicable tariff provision for the style 173331 will be 6109.90.1065, HTS, which provides for T-shirts, singlets, . . . and similar garments knitted or crocheted: of man-made fibers, women's or girls': tank tops and singlets, women's. The general rate of duty will be 33.4 percent ad valorem.

Style 173261, being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The bra is entitled to a free duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make style 173262 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/6212.10. Style 173262 will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles 173263 and 173264 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.

Style 173331 also 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)/61.35, HTSUSA.

The non-NAFTA qualifing camisole style 173331 falls within textile category designation 639. Based upon international textile trade agreements products of Mexico are subject to quota and the requirement of a visa.

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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