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NY F89330




July 20, 2000

CLA-2-62:RR:NC:TA:354 F89330

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 Canada; Article 509

Dear Ms. Halasz:

In your letter dated June 26, 2000, you requested a ruling on the status of apparel from Canada under the NAFTA on behalf of Vogue Dessous International Inc.

The submitted sample, Style 9510, is an underwire brassiere constructed with raschel lace-like fabric cups. The top portion of the cups is made of 88% nylon 12% spandex fabric and the bottom portion of the cups is made of a 80% nylon 20% spandex fabric with an inner lining. The back of the brassiere is constructed of knitted 87% nylon 13% spandex fabric. The brassiere features adjustable shoulder straps and a triple hook and eye rear garment closure.

You have indicated that the materials for the brassiere are products of the United States which will be cut, sewn and packed in Canada.

The applicable tariff provision for the brassiere 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 garment, 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 is 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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