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NY G84755





December 19, 2000

CLA-2-61:RR:NC:TA:354 G84755

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 November 30, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Four samples were submitted for review. Style 935 is ladies’ bikini panty constructed with a 76% nylon 24% spandex knitted fabric. The panty features an elasticized waistband, a lined crotch panel, and high cut elasticized leg openings. Style 936 is a thong styled version of the style 935 panty.

Style 9035 is an underwire brassiere constructed of a 76% nylon 24% spandex knitted fabric with molded soft cups. The brassiere features elasticized adjustable shoulder straps and a single hook and eye rear garment closure.

Style 9335 is an underwire brassiere constructed of a 76% nylon 24% spandex knitted fabric with molded and lined soft cups. The brassiere features elasticized shoulder straps which adjust at the rear and a double hook and eye rear garment closure.

You have indicated that United States origin fiber and yarn were used in the production of all garment fabrics which will be cut in Canada, followed by garment sewing in Mexico and packing in Canada for exportation to the United States .

The applicable tariff provision for styles 935 and 936 will be 6108.22.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16 percent ad valorem. In 2001, the general rate of duty will be 15.9 percent ad valorem.

The applicable tariff provision for styles 9035 and 9335 will be 6212.10.9020, 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 17.3 percent ad valorem. In 2001, the general rate of duty will be 17.2 percent ad valorem.

All garments 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.

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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