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

NY I89918 February 13, 2003 CLA-2-61:RR:NC:3:353 I89918 CATEGORY: Classification TARIFF NO.: 6110.30.3050, 6103.43.1520, 6116.93.0800, 6505.90.6090 6201.93.3511, 6203.43.4010, 6216.00.4600, 6505.90.8090 Mr. David E. Thompson GHY USA Inc. 572 South Fifth Street Pembina, ND 58271 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of hunting suits from Canada; Article 509 Dear Mr. Thompson: In your letter dated January 21, 2003 you requested a ruling on the status of hunting suits from Canada under the NAFTA. As requested, the samples will be returned to you. The submitted samples are Intrigue I and Intrigue II Men’s Hunting Suits consisting of a Jacket, Pants, Mitts and Head Cover. The Intrigue I Men’s Unlined Leafy Wear Knit Suit is constructed of a finely knit 100% polyester fabric outer shell with an overlay of woven 100% polyester fabric that has been cut to provide a leafy “3-D” appearance. The “jacket” is worn over other apparel and provides no protection from the elements. The Upper Body Garment has a spread collar, full front left over right 5-snap closure, long raglan sleeves with tunnel elastic cuffs, and a straight hemmed bottom. The Pants feature a tunnel elastic waist and cuffs. The Mitts have an elasticized wrist. The Head Cover is a hood that reaches the shoulders with eyeholes and a capped bottom. The Intrigue II Men’s Lined Leafy Wear Woven Suit is constructed of a woven 77% polyester, 23% cotton outer shell with an overlay of woven 100% polyester fabric that has been cut to provide a leafy “3-D” appearance. The items are lined with woven 100% polyester Scent-Lok® fabric that contains carbon and eliminates human odor. The Jacket provides protection from the elements. It features a spread collar, full front left over right 5-snap closure, long raglan sleeves with straight hemmed cuffs with an adjustable snap closure, and a straight hemmed bottom. The Pants feature a tunnel elastic waist and hemmed cuffs with an adjustable snap closure. The Mitts have an elasticized wrist. The Head Cover is a hood that reaches the shoulders with eyeholes and a capped bottom. All yarn and fabric is formed in the United States. All fabric dying and finishing is performed in the United States. Cutting, assembly and finishing of the items is performed in Canada. Section XI Note 13 states “Unless the context otherwise requires, textile garments of different headings are to be classified in their own headings even if put up in sets for retail sale…” The applicable tariff provision for the Intrigue I Upper Body Garment will be 6110.30.3050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Sweaters, pullovers…and similar articles, knitted or crocheted: Of man-made fibers: Other: Other: Other, Other: Other: Men’s or boys’.” The general rate of duty will be 32.2% ad valorem. The applicable tariff provision for the Intrigue I Pants will be 6103.43.1520, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Men's or boys' suits, ensembles…trousers, bib and brace overalls, breeches and shorts…knitted or crocheted: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Trousers, breeches and shorts: Other, Trousers and breeches: Men's.” The general rate of duty will be 28.4% ad valorem. The applicable tariff provision for the Intrigue I Mitts will be 6116.93.0800, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Gloves, mittens and mitts, knitted or crocheted: Other: Of synthetic fibers: Other gloves, mittens and mitts, all the forgoing specially designed for use in sports….” The general rate of duty will be 3.1% ad valorem. The applicable tariff provision for the Intrigue I Head Cover will be 6505.90.6090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Hats and other headgear, knitted or crocheted…Of man-made fibers: Knitted or crocheted or made up from knitted or crocheted fabric: Not in part of braid, Other: Other..” The general rate of duty will be 22 cents per kilogram plus 7.7% ad valorem. The applicable tariff provision for the Intrigue II Jacket will be 6201.93.3511, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Men’s or boys’ overcoats…anoraks…windbreakers and similar articles…Anoraks… windbreakers and similar articles (including padded, sleeveless jackets): Of man-made fibers: Other: Other: Other, Men’s.” The general rate of duty will be 27.9% ad valorem. The applicable tariff provision for the Intrigue II Pants will be 6203.43.4010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Men's or boys' suits, ensembles…trousers, bib and brace overalls, breeches and shorts…: Trousers, bib and brace overalls, breeches and shorts: Of synthetic fibers: Other: Other: Other: Other: Other, Trousers and breeches: Men's.” The general rate of duty will be 28.1% ad valorem. The applicable tariff provision for the Intrigue II Mitts will be 6216.00.4600, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Gloves, mittens and mitts: Other: Of man-made fibers: Other gloves, mittens and mitts, all the fore going specially designed for use in sports…” The general rate of duty will be 3.1% ad valorem. The applicable tariff provision for the Intrigue II Head Cover will be 6505.90.8090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Hats and other headgear… made up from lace, felt or other textile fabric… Other: Of man-made fibers: Other: Not in part of braid, Other, Other: other.” The general rate of duty will 19 cents per kilogram plus 6.9% ad valorem. The Intrigue I (Upper Body Garment, Pants, Mitts and Head Cover) and Intrigue II (Jacket, Pants, Mitts and Head Cover) Men’s Hunting Suits are made in the NAFTA territories using NAFTA originating materials, thereby satisfying the requirements of HTSUSA General Note 12(b)(iii). The Intrigue I (Upper Body Garment, Pants, Mitts and Head Cover) and Intrigue II (Jacket, Pants, Mitts and Head Cover) Men’s Hunting Suits will 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 Kenneth Reidlinger at 646-733-3053. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division