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NY B83995




April 14, 1997

CLA-2-62:RR:NC:TA:354 B83995

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020; 6212.20.0020

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 ladies' garments from Mexico; Article 509

Dear Ms. Halasz:

In your letter dated April 2, 1997, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA.

Two samples were submitted for classification. Style 377108 is an underwire brassiere. The top portion of the underwire cup is constructed of 85% nylon 15% spandex lace-like raschel knit fabric produced in the United States. The remainder of the brassiere is constructed of 82% nylon 18% spandex fabric with a nylon cup lining, all of which are produced in Canada. The shoulder straps are adjustable and there is an adjustable double hook and eye closure at the rear.

Style 377747 is a coordinating brief style panty girdle with a body made of 82% nylon 18% spandex fabric, inner side panels made of 90% nylon 10% spandex, side inserts at the leg openings made of 85% nylon 15% spandex lace-like raschel knit fabric, and an inner front panel made of 87% nylon 13% spandex. All fabrics are made in Canada, with the exception of the lace-like fabric which is made in the United States. The panty girdle is two ply throughout the garment. Additional features include an elasticized waistband and high cut leg openings with partial lace-like trim.

You have indicated that the material for the garments will be made in United States and Canada, followed by cutting in Canada and assembly in Mexico.

The applicable subheading for the style 377108 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 rate of duty will be 17.7 percent ad valorem.

The applicable tariff provision for style 377747 will be 6212.20.0020, HTSUSA, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: girdles and panty-girdles . . . of man-made fibers. The general rate of duty will be 23.5 percent ad valorem.

Styles 377108 and 377747, 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 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).

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,

Paul K. Schwartz
Chief, Textiles & Apparel Branch

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