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June 14, 1999

CLA-2-62:RR:NC:TA:354 E82002

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 June 3, 1999, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Two samples were submitted for review. Style 657206 is a brassiere with a front portion constructed of a 75% polyester 25% elastane knitted fabric and a back portion made of a 85% polyester 15% spandex knitted fabric. The brassiere features shoulder straps with rear hook adjustment and a double hook rear garment closure.

Style 657204 is an underwire brassiere with a mid-section between the cups made of a 85% polyester 15% spandex knitted fabric. Except for the underwire cups and mid-section fabrication of style 657204, the construction is the same as style 657206.

You have indicated that the materials for the garment are products of the United States, which will be cut in Canada with assembly following 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 subheading for styles 657206 and 657204 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 17.4 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).

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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