The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ladies' garments from Mexico; Article 509

NY 817875 January 19, 1996 CLA-2-62:RR:WA:354 817875 CATEGORY: Classification TARIFF NO.: 6212.20.0020 Mrs. Alice Wagner Tower Group International 128 Dearborn Street Buffalo, NY 14207-3198 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of ladies' garments from Mexico; Article 509 Dear Mrs. Wagner: In your letter dated December 18, 1995, on behalf of Vogue Brassiere Inc., you requested a ruling on the classification and status of apparel from Mexico under the NAFTA. Style 577012 is a panty-girdle constructed from knit 78% nylon 22% spandex fabric. The garment features an elasticized waistband and leg openings, a -shaped two ply control panel at the front and two lace-like knit fabric pieces which extend from either side seam to the crotch. Style 577016 is a panty-girdle constructed with 45% cotton 36% nylon 19% spandex knit fabric. A one piece inner ply made from 90% nylon 10% spandex knit fabric extends under the entire front and 2/3 of the back. The garment features an elasticized waistband and leg openings, a -shaped three ply control panel at the front and two lace-like knit fabric pieces which extend from the leg openings at the side. The information submitted indicates that all the fabric is made in Canada with the exception of the 45% cotton 36% nylon 19% spandex knit fabric which is made in the U.S.A. The importer also indicates that all items are cut in Canada and assembled in Mexico. The applicable tariff provision for both styles will be 6212.20.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for brassieres, girdles, . . . and similar articles . . . : girdles and panty girdles, of man-made fibers. The general rate of duty will be 24 percent ad valorem. Both garments, which have their essential components 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). 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 212-466-5880. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division