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

NY F89331 July 20, 2000 CLA-2-61:RR:NC:TA:354 F89331 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 July 4, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc. Two samples were submitted for review. Style 4900369 is a brassiere made of knitted 85% cotton 15% spandex knitted fabric. The brassiere features two ply panel construction at both the front and back of the garment, a elasticized band measuring approximately ½ inch wide sewn into the bottom hem, a scoop front and straight back, and adjustable shoulder straps which are elasticized at the back. Style 4900460 is a brassiere made of knitted 85% cotton 15% spandex knitted fabric. The brassiere features two ply panel construction at both the front and back of the garment, an elasticized band measuring approximately ¾ inch wide sewn into the bottom hem, a rounded front and straight back, and a halter-style strap which goes around the back of the neck. You have indicated that the materials for both brassieres are products of China which will be cut in Canada and assembled in Mexico. The applicable tariff provision for both brassieres will be 6212.10.9010, 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 rate of duty will be 17.3 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. 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, contact National Import Specialist Brian Burtnik at 212-637-7083. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division