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

NY G89645 April 11, 2001 CLA-2-62:RR:NC:TA:354 G89645 CATEGORY: Classification TARIFF NO.: 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 23, 2001, 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 were submitted for review. Style 2511 is an underwire brassiere constructed of a 70% rayon 23% nylon 7% spandex sheer knitted fabric in a printed floral design. The brassiere features soft fabric cups, elasticized adjustable shoulder straps, elasticized trim at the garment top, and an adjustable double hook & eye rear closure. Style 2611 is an underwire brassiere constructed of a 70% rayon 23% nylon 7% spandex sheer knitted fabric in a printed floral design. The brassiere features padded cups, elasticized adjustable shoulder straps, elasticized trim at the garment top, and an adjustable double hook & eye rear closure. Style 5520 is an strapless long line brassiere constructed of a 57% nylon 43% spandex knitted fabric. A knitted fabric with an inner foam coating lines the front midriff. The brassiere features molded cups, 6 inch stays at either side and an adjustable double hook & eye rear closure. The style 2511 and 2611 brassieres are made of Italian origin material which will be cut in Canada, assembled in Mexico, and packed in Canada. The style 5520 brassiere is made of United States origin material which will be cut in Canada, assembled in Mexico, and packed in Canada. The applicable tariff provision for all 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 17.2 percent ad valorem. Each of the non-originating materials used to make the style 2511 and 2611 brassieres have 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. Style 5520 being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). Style 5520 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