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

NY H80367 May 7, 2001 CLA-2-62:RR:NC:TA:354 H80367 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 April 17, 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 3216 is an underwire brassiere constructed with 77% nylon 12% rayon 11% spandex raschel lace-like fabric cups and a 90% nylon 10% spandex knitted fabric center front and garment back. The brassiere features soft fabric cups, adjustable shoulder straps which are elasticized at the back, and an adjustable double hook & eye rear closure. Style 3316 is a padded cup version of the style 3216 brassiere. Style 3416 is an long line brassiere constructed with 77% nylon 12% rayon 11% spandex raschel lace-like fabric comprising the upper portion of the cups, the midriff, and the garment sides. The garment back and the lower portion of the cups are made of a 90% nylon 10% spandex knitted fabric. The brassiere features soft fabric cups, a 6 hook & eye front closure, 5 inch stays at either side, 2-3/4 inch stays below either cup, adjustable shoulder straps which are elasticized at the back, and elasticized trim at the top and bottom of the garment back. For all styles, the raschel lace-like fabric is of French origin, and the nylon spandex material is of American origin. All materials 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 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. 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