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NY C82269




December 9, 1997

CLA-2-62:RR:NC:TA:354 C82269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

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 November 24, 1997, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA.

Three samples were submitted for classification, all are made of the same solid color 85% polyester 15% spandex knitted material. Style 208415 is an underwire brassiere with adjustable shoulder straps and an adjustable double hook and eye closure at the rear. Style 208436 is a coordinating bikini panty with an elasticized waistband and leg openings. Style 208437 is a coordinating tanga version of style 208436.

Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products.

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

The applicable subheading for the style 208415 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 subheading for the styles 208436 and 208437 will be 6108.22.9020, HTS, which provides for Women's or girls slips, petticoats, briefs, panties . . . , knitted or crocheted: briefs and panties: of man-made fibers. The general rate of duty will be 16.3 percent ad valorem.

All styles, 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,

Robert B. Swierupski
Director,

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