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NY D82774

September 29, 1998

CLA-2-62:RR:NC:TA:354 D82774


TARIFF NO.: 6212.10.9010

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 Mexico; Article 509

Dear Ms. Halasz:

In your letter dated September 16, 1998, you requested a ruling on the status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Two samples of brassieres were submitted for classification. Both are constructed of a knitted 92% cotton 8% spandex fabric which was made in China, cut in Canada, and assembled in Mexico.

Style 884486 is an underwire brassiere which features adjustable elasticized shoulder straps and an adjustable single hook and eye closure at the rear.

Style 884491 is an underwire brassiere which features adjustable elasticized shoulder straps, an adjustable double hook and eye closure at the rear, and "Victoria's Secret" is embroidered across the backside elasticized trim. The applicable tariff provision for both styles 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 17.6 percent ad valorem.

Each of the non-originating materials used to make the brassieres 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. 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.


Robert B. Swierupski

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