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February 3, 1999

CLA-2-62:RR:NC:TA:354 D87331


TARIFF NO.: 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 January 19, 1999, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

The submitted sample, style 657039, is an underwire brassiere constructed of a 85% polyester 15% spandex knitted fabric. The brassiere features removable adjustable shoulder straps, a rubberized strip sewn to the inner hemmed top and bottom which holds the brassiere in place when the shoulder straps are removed and a double hook rear closure.

You have indicated that the materials for the garment are products of the United States, which will be cut in Canada with assembly following in Mexico.

The applicable subheading for the style 657039 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 17.4 percent ad valorem.

The garment, 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 212-637-7083.


Robert B. Swierupski

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