The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a portfolio of manmade textile materials from Canada; Article 509

NY D83404 December 31, 1998 CLA-2-42:RR:NC:3:341 D83404 CATEGORY: Classification TARIFF NO.: 4202.12.8030 Ms. Marcel Boulerice A.N.Deringer, Inc. P.O. Box 284 Rte. I-89 Highgate Springs, Vt. 05460 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a portfolio of manmade textile materials from Canada; Article 509 Dear Ms. Boulerice: In your letter dated October 5, 1998 you requested a ruling on the status of an artist portfolio from Canada under the NAFTA. The sample submitted is a zippered artist portfolio which is manufactured of manmade textile materials. The manmade textile material is said to be a product of Korea and is a non-originating material for purposes of NAFTA. All other materials and components are products of Canada or the United States. The manmade textile fabric is completely cut, sewn, stitched, glued and assembled into the finished portfolio in Canada. The applicable tariff provision for the portfolio of manmade fiber will be 4202.12.8030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides, in part, for attache cases brief cases, school satchels, occupational luggage cases and similar containers, of textile materials, with outer surface of textile materials, other, of manmade fibers. The 1999 general rate of duty will be 18.8 percent ad valorem. The merchandise does not qualify for preferential treatment under the NAFTA because the portfolio will not be made exclusively from originating materials and one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/42.3, HTSUSA. 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 KevinGorman at 212-466-5893. 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