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

NY J85037 June 19, 2003 CLA-2-65:RR:NC:3:353 J85037 CATEGORY: Classification TARIFF NO.: 6505.906090 Ms. Joan Studeny 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 head covers from Canada; Article 509 Dear Ms. Studeny: In your letter dated May 9, 2003, received in this office on May 27, 2003, on behalf of Richlu Manufacturing, you requested a ruling on the status of a head cover from Canada under the NAFTA. The submitted sample is a head cover constructed of knit net 100% polyester fabric. The head cover fits loosely over the head, reaches to the shoulders and features an elasticized bottom, which fits under the arms and secures the item to the head. The camouflage pattern head cover is used for mosquito and insect protection while outdoors. The knit net fabric is formed in the United States and shipped to Canada where it is cut to shape, sewn and assembled. The applicable tariff provision for the 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…Other: Of man-made fibers: Not in part of braid, Other: Other.” The general rate of duty will be 22 cents per kilogram plus 7.7 percent ad valorem. The head cover, being made entirely in the territory of Canada using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore 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