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NY H83351





July 10, 2001

CLA-2-62:RR:NC:TA:354 H83351

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9010

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, 2001, you requested a ruling on the status of a ladies’ garment from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Style 887101 is an underwire brassiere with soft cups constructed of a 93% cotton 7% spandex knitted fabric. The brassiere features adjustable elasticized fabric covered shoulder straps which are fully elasticized at the rear, a single row of hook and eye rear closures, and an elasticized bottom band at the sides and rear embroidered with “Victoria’s Secret” in equal intervals on the outer surface. The materials used to produce the brassiere are of Chinese origin which will be cut in Canada and assembled in Mexico.

The applicable tariff provision for style 887101 will be 6212.10.9010, 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 cotton. The general rate of duty will be 17.2 percent ad valorem.

Each of the non-originating materials used to make style 887101 have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. 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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