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NY I84939

September 6, 2002

CLA-2-62:RR:NC:TAB:354 I84939


TARIFF NO.: 6212.10.9020

Mr. Ken Dickinson
Vanity Fair Intimates, LP
2801 Galveston
McAllen, TX 78502

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of brassieres from Mexico, Article 509.

Dear Mr. Dickinson:

In your letter dated August 5, 2002, you requested a ruling on the status of brassieres assembled in Mexico under the NAFTA.

One sample was received. Style 3504, is an underwire padded brassiere with the back, center front, and shoulder strap trim constructed of a 88% nylon 12% spandex raschel knit lace-like fabric. The outer shell fabric for the cups is 87% nylon 13% spandex knit. The bra features knit fabric covered molded foam padded cups, a small center bow, elasticized adjustable shoulder straps and an adjustable double row hook & eye rear closure.

The brassiere’s back and center fronts are cut in Mexico using fabric from France. The polyurethane foam padded cups are fabricated in Hong Kong and covered with 100% knit polyester fabric from China. The outer shell cup fabric is from the U.S. and will be cut in the U.S. The underwire tubing, straps, hook & eye, thread and packing originate in the U.S. The underwire is from Mexico and the elastic and fabric bow are from Canada. The brassieres are assembled in Mexico and shipped to the U.S.

The applicable tariff provision for both styles 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 17.1 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. Namely: A change to subheading 6212.10 from any other chapter, provided that the good is both cut and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

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, you may contact National Import Specialist Brian Burtnik at 646 733-3054.


Robert B. Swierupski

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