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NY H82298




July 5, 2001

CLA-2-62:RR:NC:TA:354 H82298

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010; 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 June 5, 2001, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Four garment samples were submitted for review. Style “1760 NA” is a soft cup brassiere constructed of a 45% cotton 45% polyester 10% spandex knitted fabric in a natural beige color. The brassiere features partially lined cups, shoulder straps with a four position rear hook adjustment, a fabric covered heavily elasticized bottom band measuring approximating three quarters of an inch wide, elasticized trim at the top of the garment and an adjustable double hook & eye rear closure. The fiber and yarn used to produce the fabric is of Korean and American origin.

Style “1760 NA” will also be available in a different fabrication as Style “1760 WT”. Style “1760 WT” will be constructed of a white colored 92% cotton 8% spandex knitted fabric. The fiber and yarn used to produce the fabric for Style “1760 WT” is of Chinese origin.

Style 1860 is a soft cup brassiere constructed of a 92% cotton 8% spandex knitted fabric. The brassiere features lined cups, a fabric covered heavily elasticized bottom band measuring approximating 1-1/4 inches wide, and elasticized trim at the top of the garment. The fiber and yarn used to produce the fabric is Chinese origin.

Style 2560 is a soft cup brassiere constructed of a 92% cotton 8% spandex knitted fabric. The garment has mesh inserts made of 83% nylon 17% spandex fabric at either side. The brassiere features lined cups, an exposed heavily elasticized bottom band measuring one inch wide with “Vogue Bra” embroidered in equal intervals on the outer surface, and fabric capping around top of the garment and outlining the two cups . The fiber and yarn used to produce the garment fabrics is of Chinese origin.

Style “2760 WT” is a soft cup brassiere constructed of a 92% cotton 8% spandex knitted fabric in a white color. The brassiere features a scoop neckline and back, a fabric covered heavily elasticized bottom band measuring approximating 1-1/4 inches wide, and elasticized trim at the top of the garment . The fiber and yarn used to produce the garment fabric is of Chinese origin.

Style “2760 WT” will also be available in a different fabrication as Style “2760 BL”. Style “2760 BL” will be constructed of a black colored 42% cotton 42% polyester 16% spandex knitted fabric. The fiber and yarn used to produce the fabric for Style “2760 BL” is of Korean and American origin.

All materials will be cut in Canada, with garments assembled in Mexico and packed in Canada.

The applicable tariff provision for styles “1760 NA” and “2760 BL” 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 general rate of duty will be 17.2 percent ad valorem.

The applicable tariff provision for styles “1760 WT”, 1860, 2560, and “2760 WT” 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 general rate of duty will be 17.2 percent ad valorem.

Each of the non-originating materials used to make all styles have 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).

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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