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

NY H81689 June 18, 2001 CLA-2-61:RR:NC:TA:354 H81689 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 9, 2001, you requested a ruling on the status of a ladies’ garment from Mexico under the NAFTA on behalf of Vogue Dessous International Inc. Style 1790 is an underwire brassiere constructed of a 95% nylon 5% spandex knitted fabric. The brassiere features lightly padded cups, elasticized trim at the sides, back and bottom of the garment, elasticized adjustable shoulder straps and a double hook and eye rear garment closure. You have indicated that United States origin fiber and yarn were used in the production of the fabric for the garment 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 1790 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. Style 1790, 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