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NY F88096




June 28, 2000

CLA-2-61:RR:NC:TA:354 F88096

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010; 6212.90.0030

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 9, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Two samples were submitted for review. Style 259016 is ladies’ bodyshaper constructed of a two ply knitted 57% nylon 43% spandex fabric with a thong styled garment back. The garment features heat set cups, elasticized adjustable shoulder straps which may be criss-crossed at the garment back, a lined crotch panel with an adjustable bra style snap closure, and high cut elasticized leg openings.

Style 903359 is a brassiere made of knitted 85% cotton 15% spandex knitted fabric. The brassiere features a two ply front panel, adjustable shoulder straps, a ¾ inch elasticized band sewn into the bottom hem and elasticized trim at the scoop front, straight back, underarms, and front half of the shoulder straps.

You have indicated that the fiber, yarn and fabric used to make the style 259016 bodyshaper are products of the United States and that the materials for the style 903359 brassiere are products of China. Both garments will be cut in Canada and assembled 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 tariff provision for style 259016 will be 6212.90.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Brassieres, girdles, corsets, braces suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: other . . . of man-made fibers or man-made fibers and rubber or plastics. The duty rate will be 6.8 percent ad valorem.

The applicable tariff provision for style 903359 will be 6212.10.9010, 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 17.3 percent ad valorem.

The style 259016 bodyshaper 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 will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Each of the non-originating materials used to make the style 903359 brassiere has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. The brassiere 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 212-637-7083.

Sincerely,

Robert B. Swierupski
Director,

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