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

NY G89596 April 17, 2001 CLA-2-61:RR:NC:TA:354 G89596 CATEGORY: Classification TARIFF NO.: 6108.22.9020; 6109.90.1065; 6212.10.9020 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 March 26, 2000, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc. Three garment samples constructed of the same 75% nylon 25% spandex knitted fabric were submitted for review. Style 58483 is an underwire brassiere with padded cups. The brassiere features lace trim between the cups and at the bottom of the garment back, elasticized trim at the top of the garment, elasticized adjustable shoulder straps and a double hook and eye rear garment closure. Style 58485 is ladies’ hipster panty brief which features four panel construction, an elasticized waistband, a lined crotch panel, lace trim at the leg openings, and high cut leg openings at the front. Style 58486 is a ladies’ camisole with a loose footed two-ply front. The garment features lace trim at the front neckline, adjustable elasticized shoulder straps which are removable, a hemmed bottom, and fabric covered elasticized capping measuring approximately ½ inch at the front neckline and approximately ¾ inch wide at the back neckline. You have indicated that United States origin fiber and yarn were used in the production of the fabric for all garments 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 style 58483 will be 6212.10.9020, Harmonized Tariff Schedule of the United States Annotated (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. The applicable tariff provision for style 58485 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. The applicable tariff provision for style 58486 will be 6109.90.1065, HTSUSA, which provides for T-shirts, singlets, tank tops and similar garments, knitted or crocheted: of other textile materials: of man-made fibers . . . women's or girls’: tank tops and singlets. The general rate of duty will be 32.6 percent ad valorem. All garments 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). 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