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NY F88472




June 28, 2000

CLA-2-61:RR:NC:TA:354 F88472

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020

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 a ladies’ garment from Mexico, Article 509

Dear Ms. Halasz:

In your letter dated June 9, 2000, you requested a ruling on the status of a ladies’ panty from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

The submitted sample, Style U0378, is ladies’ thong styled panty constructed of a knitted 87% nylon 13% spandex fabric. The panty features an elasticized waistband which is fabric covered at the garment front and exposed at the garment back, a lined crotch panel, and fabric trimmed high cut elasticized leg openings.

You have indicated that the fiber, yarn, and fabric used to make the garment are products of the United States, which will be cut in Canada, sewn in Mexico and returned to Canada for packing and exportation to the United States.

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 U0378 will be 6108.22.9020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women's or girls slips, petticoats, briefs, panties . . . knitted or crocheted: briefs and panties: of man-made fibers: other . . . women's. The general rate of duty will be 16 percent ad valorem.

The panty 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 will therefore 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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