The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a warp knit fabric manufactured in the United States and incorporating non-originating yarn ; Article 509

NY J85032 June 26, 2003 CLA-2-60:RR:NC:TA:352 J85032 CATEGORY: Classification TARIFF NO.: 6002.40.8020 Mr. David J. Evan Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 245 Park Ave, 33rd Floor New York, NY 10167 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a warp knit fabric manufactured in the United States and incorporating non-originating yarn ; Article 509 Dear Mr. Evans: In your letter dated May 19, 2003, on behalf of your client Mast Industries you requested a ruling on the status of warp knit fabric from the United States under the NAFTA. The samples are being returned as requested. The submitted sample is a bleached warp knit open-work fabric composed of 84% nylon and 16% spandex. It weighs 118 g/m2, and will be produced in 18 centimeter widths. One of the yarns used to knit this fabric, representing approximately 28% of the weight of the fabric, is a gimped yarn that is produced in England. Your letter indicates that this yarn is manufactured in England by gimping two multifilament nylon yarns extruded in England around a U.S. produced spandex monofilament. After the fabric is knit in the United States, it will be exported to Mexico where it will be incorporated into various apparel items. The applicable tariff provision for the warp knit fabric will be 6002.40.8020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for knitted or crocheted fabrics of a width not exceeding 30 centimeters, containing by weight 5 percent or more of elastomeric yarn or rubber thread, other than those of heading 6001, containing by weight 5 percent or more of elastomeric yarn but not containing rubber thread, other, open-work fabrics, warp knit. The general rate of duty will be 8.1 percent ad valorem. Each of the non-originating materials used to make the warp knit fabric has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/60. The warp knit fabric will be considered an originating material 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 Alan Tytelman at 646-733-3045. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division