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NY F89274




August 10, 2000

CLA-2-62:RR:NC:TA:354 F89274

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 26, 2000, you requested a ruling on the status of apparel from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Three samples were submitted for review. Style 3279 is an underwire brassiere constructed of a 87% nylon 13% spandex knitted fabric with polyurethane foam cup inserts. The brassiere features adjustable shoulder straps and a plastic clip front garment closure.

Style 7103 is an underwire brassiere constructed with 94% nylon 6% spandex raschel lace-like fabric cups and side panels, and back panels constructed of a 83% nylon 17% spandex knitted fabric. The brassiere features adjustable shoulder straps and a triple hook & eye rear closure.

Style 4223 is an underwire brassiere constructed of a 58% polyester 32% nylon 10% spandex knitted fabric. The brassiere features double spaghetti shoulder straps at the front that attach to an elasticized adjustable rear strap and a single hook & eye rear closure.

You have indicated that the materials for styles 3279 and 4223 are products of the United States. The materials for the cups and sides of style 7103 are products of Germany, and the materials for the back bra portion are products of Canada. All styles will be cut in Canada, sewn in Mexico, and packed in Canada for export to the United States.

The applicable tariff provision for all styles 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.

Styles 3279 and 4223 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.

Each of the non-originating materials used to make style 7103 has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36 in that they are both cut and sewn in the territory of one or more of the NAFTA parties. The brassiere 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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