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NY G84757




December 19, 2000

CLA-2-61:RR:NC:TA:354 G84757

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 November 29, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Four garment samples constructed of the same 57% nylon 43% spandex knitted fabric were submitted for review. Style 5320 is an underwire brassiere with padded cups. The brassiere features double spaghetti shoulder straps at the front, elasticized adjustable rear shoulder straps and a double hook and eye rear garment closure.

Style 5420 is an underwire brassiere constructed of molded soft cups. The brassiere features elasticized adjustable shoulder straps and a double hook and eye rear garment closure.

Style 512 is ladies’ bikini panty which features an elasticized waistband, a lined crotch panel, and high cut elasticized leg openings. Style 513 is a thong styled version of the style 512 panty.

You have indicated that United States origin fiber and yarn were used in the production of the fabric for all garments which will be cut in Canada, followed by garment sewing in Mexico and packing in Canada for exportation to the United States.

The applicable tariff provision for styles 5320 and 5420 will be 6212.10.9020, Harmonized Tariff Schedule of the United States Annotated (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. In 2001, the general rate of duty will be 17.2 percent ad valorem.

The applicable tariff provision for styles 512 and 513 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. In 2001, the general rate of duty will be 15.9 percent ad valorem.

All 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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