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NY H85973




December 19, 2001

CLA-2-62:RR:NC:TA:354 H85973

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.22.9020; 6212.10.9020

Ms. Judy Halasz
Vogue Brassiere Incorporated
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 December 3, 2001, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc.

Five samples were provided for review. Style U3002 is an underwire brassiere with cups constructed of a 87% nylon 13% spandex knitted fabric. The center front and back of the brassiere is made of a 56% nylon 23% cotton 21% spandex knitted fabric. The brassiere features soft fabric cups, elasticized adjustable shoulder straps and an adjustable double hook & eye rear closure.

Style U3004 is an underwire brassiere with the front portion constructed of a 76% nylon 24% spandex raschel lace-like fabric. The back of the brassiere is made of a 83% nylon 17% spandex knitted fabric. The brassiere features padded cups, elasticized adjustable shoulder straps and a front metal clip closure.

Style U3005 is an underwire brassiere with the cups and the center front constructed of a 85% nylon 15% spandex raschel lace-like fabric. The back of the brassiere is made of a sheer 81% nylon 19% spandex knitted fabric. The brassiere features lined soft fabric cups, elasticized adjustable shoulder straps and an adjustable double hook & eye rear closure. Style U3006 is a padded cup version of style U3005. Style U3007 is a matching bikini panty with an elasticized waistband, high cut leg openings and a lined crotch panel.

You have indicated that United States and German origin fibers and yarns were used in the production of the fabrics for Style U3002, which will be cut in Canada, followed by garment sewing in Mexico and packing in Canada for exportation to the United States.

United States origin fibers and yarns were used in the production of the fabric for Styles U3004, U3005, U3006 and U3007 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 U3002, U3004, U3005, and U3006 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 17.2 percent ad valorem. In 2002 the general rate of duty will be 17.1 percent ad valorem.

The applicable tariff provision for style U3007 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 15.9 percent ad valorem. In 2002, the general rate of duty will be 15.8 percent ad valorem.

Each of the non-originating materials used to make style U3002 have satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. The garment will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

Styles U3004, U3005, U3006, and U3007 being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The garment 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 646-733-3054.

Sincerely,

Robert B. Swierupski
Director,

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