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NY H81683




June 20, 2001

CLA-2-62:RR:NC:TA:354 H81683

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.5020; 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 May 2, 2001, 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 were submitted for review. Style 3540 is an underwire brassiere with soft cups constructed of a 87% nylon 13% spandex knitted fabric and the balance of the garment made of an embroidered 56% nylon 23% cotton 21 % spandex fabric. The brassiere features adjustable elasticized fabric covered shoulder straps which are fully elasticized at the rear, and a double hook rear closure. The fiber and yarn used to produce the cup fabric is of American origin. The embroidered fabric used in the balance of the garment is of German origin.

Style 5240 is an underwire brassiere with seamed soft fabric cups. The lower portion of the cups and the back of the garment are constructed of a 56% nylon 23% cotton 21 % spandex embroidered fabric. The balance of the garment made of a 87% nylon 13% spandex knitted fabric. The brassiere features adjustable elasticized fabric covered shoulder straps which are fully elasticized at the rear, and a double hook rear closure. The essential character of the brassiere is imparted by the embroidery fabric. The fiber and yarn used to produce the embroidered fabric at the lower portion of the cups and the back of the garment is of German origin. The knitted fabric used in the balance of the garment is of American origin.

Style 5067 is a soft cup brassiere constructed of a 90% nylon 10% spandex knitted fabric. The brassiere features adjustable shoulder straps which are elasticized at the back, a heavily elasticized bottom band and an adjustable double hook & eye rear closure. All fiber and yarn used to produce the brassiere are of American origin.

Style 5170 is an underwire brassiere constructed of a 90% nylon 10% spandex knitted fabric. The brassiere features seamed soft fabric cups, adjustable shoulder straps which are elasticized at the back, an adjustable double hook & eye rear closure and elasticized trim at the garment top and bottom. All fiber and yarn used to produce the brassiere are of American origin.

All materials will be cut in Canada, assembled in Mexico, and packed in Canada.

The applicable tariff provision for styles 3540, 5067, and 5170 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 general rate of duty will be 17.2 percent ad valorem.

The applicable tariff provision for style 5240 will be 6212.10.5020, HTSUSA, which provides for Brassieres, girdles, corsets, braces, suspenders, garters and similar articles and parts thereof, whether or not knitted or crocheted: brassieres: Containing lace, net or embroidery: other . . . of man-made fibers. The general rate of duty will be 17.2 percent ad valorem.

Each of the non-originating materials used to make styles 3540 and 5240 have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. The brassieres will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles 5067 and 5170 being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). This style 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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