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

NY C87258 May 27, 1998 CLA-2-62:RR:NC:TA:360 C87258 CATEGORY: Classification TARIFF NO.: 6211.42.0054 Michele R. Markowitz Grunfeld, Desiderio, Lebowitz & Silverman 245 Park Ave. - 33rd Fl New York, NY 10167-3397 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of women's woven upper body garments from Mexico; Article 509 Dear Ms. Markowitz: In your letter dated April 24, 1998, you requested a classification ruling on behalf of Knight Industries, Inc, on the status of style 985 under the NAFTA. The samples submitted with your request will be returned under separate cover. Style 985 is a women's upper body garment constructed from 100% cotton chambray woven fabric. The yarn dyed fabric is of a plain weave construction that weighs approximately 237 grams per square meter and is classifiable under subheading 5209.41.6020, HTS. The sleeveless garment features a pointed collar and a full front opening with a four button closure. Each of the front panels extend below the waist, forming ties which allow the garment to be knotted, thus providing a tightening at the bottom of the garment. You have indicated that the fiber for the woven fabric will originate in either China, India, or Pakistan; the yarn will be spun in either China, India or Pakistan, and the fabric will be woven in either China, India or Pakistan. The garment will then be cut and sewn into the finished garment in Mexico from the foreign fabric. Style 985 is classifiable in subheading 6211.42.0054, HTSUSA, which provides for women's or girls', blouses of cotton excluded from heading 6206, with two or more colors in the warp and/or fillings. The general rate of duty is 8.4 percent ad valorem. The garment does not qualify for preferential treatment under the NAFTA because materials used in the production of the goods (the fabric, which is made outside of the NAFTA territory) will not undergo the change in tariff classification required by General Note 12(t)/62.35 HTSUSA. Since this garment is cut and sewn in Mexico, it may be subject to a reduced rate of duty based upon the Tariff Preference Levels (TPL) defined in Section XI, additional U.S. note 3(b) up to the specified annual quantities listed in subdivision (g)(i) of note 3. Upon completion of the required documentation and up to the specified annual quantities, style 945 may be eligble for a free rate of duty as provided in subheading 9906.62.17,HTS. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). 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 the ruling, contact National Import Specialist Patricia Schiazzano at 212-466-5866. 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, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division