The tariff classification and status under the North American Free Trade Agreement (NAFTA), of jackets from Canada; Article 509.

NY A89734 December 24,1997 CLA-2-61:RR:NC:WA:N3:356 A89734 CATEGORY: Classification TARIFF NO.: 6101.30.2010 Mr. Jordan Tong Golden Lake Sourcing Corporation 550 Jessie Street San Francisco, CA 94103 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of jackets from Canada; Article 509. Dear Mr. Tong: In your letter dated November 11, 1996, and in subsequent information submitted on November 14, 1996 and November 15, 1996, you requested a ruling on the status of a knit jacket from Canada under the NAFTA. Style CHG-05A is a men's unlined jacket constructed from 100 percent polyester, finely knit fabric which is napped on the inside and outside surfaces. The garment features a full front opening with a zippered closure; a convertible collar; long sleeves with elasticized cuffs; two side pockets with zipper closures; and a drawstring bottom. You have stated in your correspondence that the garment is constructed from 100 percent polyester staple fibers which are extruded and spun into yarn in the United States. The spun yarn will be sent to Canada where it will be knit into fabric. In Canada, the fabric will be cut to shape, sewn and assembled into garments. The applicable tariff provision for Style CHG-05A will be 6101.30.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's, or boys' overcoats, carcoats, capes, cloaks, anoraks, (including ski-jackets), wind- breakers and similar articles, knitted or crocheted other than those of heading 6103: of man-made fibers: other: other: men's. The general rate of duty will be 29.6 percent ad valorem. As of January 1, 1997, the general rate of duty will be 29.5 percent ad valorem. Style CHG-05A falls within textile category designation 634. Based upon international textile trade agreements, products of Canada are not presently subject to visa requirements or quota restraints. The jacket, being wholly obtained or produced entirely in the territories of the United States and Canada, will meet the requirements of HTSUSA general note 12 (b) (i), and will therefore be entitled to a 6 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations and agreements. As of January 1, 1997, the rate of duty will be 3 percent ad valorem. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). This ruling is binding only to the party to whom it is issued and be relied on only by that party. A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877. Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229. Sincerely, Roger Silvestri Director National Commodity Specialist Division