NY NY1899 - The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ladies' garments from Mexico; Article 509 - United States International Trade Commision Rulings

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NY D80727

July 31, 1998

CLA-2-62:RR:NC:TA:354 D80727

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 and status under the North American Free Trade Agreement (NAFTA), of ladies' garments from Mexico; Article 509

Dear Ms. Halasz:

In your letter dated July 21, 1998, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA.

Two samples were submitted for classification, both garments are made of the same raschel lace-like 88% nylon 12% spandex knitted material. Style 208651 is an underwire brassiere featuring adjustable shoulder straps, knitted fabric cup linings and a front hook closure. Style 208650 is a coordinating bikini panty with an elasticized waistband and leg openings.

You have indicated that the yarn and material for the raschel lace-like garment fabric are products of the United States, the brassiere cup lining material is the product of Canada. The fabric cutting will take place in Canada and assembly will follow in Mexico.

The applicable subheading for the style 208651 will be 6212.10.9020, Harmonized Tariff Schedule of the United States (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 17.6 percent ad valorem.

The applicable subheading for the style 208650 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The general rate of duty will be 16.2 percent ad valorem.

All styles, being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise is 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).

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,

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