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NY I84515




August 23, 2002

CLA-2-62:RR:NC:TAB:354 I84515

CATEGORY: CLASSIFICATION

TARIFF NO.: 6212.10.9020

Mr. Ken Dickinson
Vanity Fair Intimates, LP
2801 Galveston
McAllen, TX 78502

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of brassieres from Mexico, Article 509.

Dear Mr. Dickinson:

In your letter dated July 23, 2002, you requested a ruling on the status of brassieres from Mexico under the NAFTA.

Two samples were received, Style 75319, is an underwire padded brassiere with cups, back and center front constructed of a 92% nylon 8% spandex knitted fabric. Style 75320 is an underwire padded brassiere with cups and back constructed of a 78% nylon 22% spandex knitted fabric. Raschel knit lace-like nylon fabric covers the cups and forms the center front that features a small bow. Both styles feature lined cups, molded pads, elasticized adjustable shoulder straps and an adjustable double row hook & eye rear closure.

The brassieres’ cups, backs and center fronts are cut in the U.S. from fabric of man-made fibers from the U.S. U.S origin fiberfill is used to mold and cut bra pads in the Dominican Republic that are further trimmed (cut) to shape in Mexico. The bust lining, elastic, straps, hook & eye, thread and packing originate in the U.S. The underwire is from Mexico and the fabric bow is from Canada. The brassieres are sewn in Mexico and shipped to the U.S.

The applicable tariff provision for both styles 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 17.1 percent ad valorem.

Each of the non-originating materials used to make the brassieres has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.36. Namely: A change to subheading 6212.10 from any other chapter, provided that the good is both cut and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

The brassieres 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, you may contact National Import Specialist Brian Burtnik at 646 733-3054.

Sincerely,

Robert B. Swierupski
Director,

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