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

NY A81242 April 4, 1996 CLA-2-62:RR:WA:354 A81242 CATEGORY: Classification TARIFF NO.: 6108.22.9020; 6212.20.0020 Ms. Judy Halasz Vogue Brassiere Inc. 225 Sparks Avenue Willowdale, Ontario Canada M2H 255 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 8, 1995, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA. Style 577013 is a panty-girdle constructed from knit 80% nylon 20% spandex fabric. The garment features an elasticized waistband, high cut elasticized leg openings and a -shaped underlaid control panel at the front constructed with 85% nylon 15% spandex knit fabric. Style 577014 is a thong style panty made from 80% nylon 20% spandex fabric. The garment features an elasticized waistband, elasticized leg openings and two lace-like fabric pieces sewn on either side extending around to the back. The information submitted indicates that the body fabric is made in North America and the under panel material and trim is made in Canada. The inquirer also indicates that both items are cut in Canada and assembled in Mexico. The applicable tariff provision for style 577013 will be 6212.20.0020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for brassieres, girdles, . . . and similar articles . . . : girdles and panty girdles, of man-made fibers. The general rate of duty will be 24 percent ad valorem. The applicable tariff provision for style 577014 will be 6108.22.9020, HTSUSA, which provides for women's or girls' . . . briefs, panties, . . . and similar articles, knitted or crocheted: briefs and panties: of man-made fibers: other, women's. The general rate of duty will be 16.4 percent ad valorem. Both garments, which have their essential components 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). 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 212-466-5880. Sincerely, Roger J. Silvestri Director National Commodity Specialist Division