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

NY H81676 June 11, 2001 CLA-2-62:RR:NC:TA:354 H81676 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 May 2, 2001, you requested a ruling on the status of ladies’ garments from Mexico under the NAFTA on behalf of Vogue Dessous International Inc. Four garment samples were submitted for review. Style 4510 is an underwire brassiere with a front constructed of a 84% nylon 16% spandex raschel lace-like fabric and a 83% nylon 17% spandex knitted fabric garment back. The brassiere features padded cups, adjustable elasticized shoulder straps, and a single hook front closure. The fiber and yarn used to produce the raschel lace-like fabric is of Germany and American origin. The knitted fabric at the garment back is of American origin. Style 4600 is a nursing brassiere with fitted soft fabric cups and a front constructed of 69% cotton 31% nylon knitted fabric. The garment back is made of 42% cotton 42% polyester 16% spandex knitted fabric. The elasticized shoulder straps have a slide adjustment at the rear, as well as a plastic clip adjustment at the bust area which enables the front panel to be lowered by the wearer. Additional features include a double hook and eye rear closure and a fabric covered heavily elasticized band measuring approximately ½ inch wide at the top of the sides and back and the garment bottom. The knitted fabric used for the cups and front is of American origin. The fiber and yarn used to produce the knitted fabric at the garment back is of Korean and American origin. Style 4700 is a nursing brassiere with shaped soft fabric cups and an inner front panel with two circular cut outs constructed of 85% nylon 15% spandex knitted fabric. The garment back is made of a 72% nylon 28% spandex knitted fabric. The elasticized shoulder straps have a slide adjustment at the rear, as well as a plastic hook adjustment at the bust area which enables the front panel to be lowered by the wearer. Additional features include a fabric covered heavily elasticized bottom band measuring approximately ¾ inch wide, a double hook and eye rear closure, and elasticized capping around the top of the garment. All fiber and yarn used to produce the brassiere is of Italian origin. Style 5140 is a soft cup underwire brassiere with 80% nylon 20% spandex raschel lace-like fabric at the upper portion of the cups. The balance of the garment is constructed of a 90% nylon 10% spandex knitted fabric. The brassiere features adjustable shoulder straps which are elasticized at the back, and an adjustable double hook & eye rear closure. All fiber and yarn used to produce the brassiere is of American origin. All materials which will be cut in Canada, assembled in Mexico, and packed in Canada. Please note that Rule No. 6 of The Textile Fiber Products Identification Act requires the use of generic fiber names when marking textile products. 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 styles 4510, 4600 and 4700 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 5140 being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). This style 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