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July 2, 1999

CLA-2-62:RR:NC:TA:354 E83419


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 June 8, 1999, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Three samples were submitted for review. Styles 173856 and 173878 are brassieres constructed of a 90% cotton 10% spandex knitted fabric. The brassieres feature adjustable shoulder straps and a double hook rear garment closure. This brassiere will also be available as style 173856 Heather with a 77% cotton 23% spandex fabrication in a heather gray color.

Style 173912 is an underwire brassiere constructed of a 90% cotton 10% spandex knitted fabric. The brassiere features elasticized adjustable shoulder straps and a double hook rear garment closure.

You have indicated that the materials for styles 172856, 173878, and 173912 are products of Pakistan and the United States. Materials for style 173856 Heather are products of India and the United States. The materials for all garments will be cut in Canada with assembly following in Mexico.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

The applicable subheading for all styles will be 6212.10.9010, 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 cotton. The rate of duty will be 17.4 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).

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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