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April 14, 1999

CLA-2-62:RR:NC:TA:354 E80056

CATEGORY: CLASSIFICATION

TARIFF NO.: 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 March 26, 1999, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

The provided sample, style 657225, is brassiere constructed of a 80% nylon 20% spandex knitted fabric. The brassiere features polyurethane padded cups, adjustable elasticized shoulder straps, and a double hook rear closure.

You have indicated that the materials for the garment are products of Italy and the United Kingdom with the exception of the polyurethane padding which is a product of Canada. Materials for the garment will be cut in Canada, followed by assembly in Mexico.

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

The applicable tariff provision for style 657225 will be 6212.10.9020, Harmonized Tariff Schedule of the United States Annotated (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 17.4 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. 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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