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NY F88656





June 28, 2000

CLA-2-61:RR:NC:TA:354 F88656

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 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 9, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Four samples were submitted for review. Style 569277 is an underwire brassiere constructed of a 72% nylon 28% spandex knitted fabric. The brassiere features heat set fabric cups, elasticized adjustable shoulder straps and an adjustable double hook and eye rear garment closure.

Style 569278 is an underwire brassiere constructed of a 72% nylon 28% spandex knitted fabric. The brassiere features padded and lined cups, elasticized adjustable shoulder straps and an adjustable double hook and eye rear garment closure.

Style 569279 is ladies’ thong styled panty constructed of a knitted 72% nylon 28% spandex fabric. The panty features an elasticized waistband and high cut leg openings and a lined crotch panel.

Style 569280 is ladies’ bikini panty constructed of a knitted 72% nylon 28% spandex fabric. The panty features an elasticized waistband and high cut leg openings and a lined crotch panel.

You have indicated that the fiber, yarn and fabric used to make all of the garments are products of the United States, which will be cut in Canada and assembled 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 styles 569277 and 569278 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 17.3 percent ad valorem.

The applicable tariff provision for styles 569279 and 569280 will be 6108.22.9020, (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.

All of the garments 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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