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NY A89892




December 19, 1996

CLA-2-62:RR:WA:354 A89892

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.90.0030

Ms. Judy Halasz
Vogue Brassiere Inc.
225 Sparks Avenue
Willowdale, Ontario
Canada M2H 2S5

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a ladies' garment from Mexico; Article 509

Dear Ms. Halasz:

In your letter dated November 18, 1996, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA.

Style 376911 is a bodyshaper constructed primarily from 80% nylon 20% spandex knit fabric which is made in Canada. The garment features a two-ply center front panel, adjustable shoulder straps, a lined snap crotch, and underwire cups. Additionally, triangular lace-like knit fabric inserts extend along the leg openings on the front and form part of the cups.

Please note that the Textile Fiber Products Identification Act requires the use of generic names on the marking of textile products.

You have indicated that the material for the bodyshaper will be cut in Canada and assembled in Mexico.

The applicable tariff provision for style 376911 will be 6212.90.0030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for brassieres, girdles, . . . and similar articles . . . : other . . . of man-made fibers or man-made fibers and rubber or plastics. The general rate of duty will be 6.9 percent ad valorem.

Style 376911, 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 is entitled to a 3.9 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. In 1997 the NAFTA rate of duty will be 2.6 percent ad valorem.

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 212-466-5880.

Sincerely,

Roger J. Silvestri
Director

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