The tariff classification of protective eyewear from Canada and drawstring pouches from China; the status under the North American Free Trade Agreement (NAFTA), of eyewear from Canada and drawstring pouches from China; Article 509

NY K82031 December 31, 2003 CLA-2-90:RR:NC:MM:114 K82031 CATEGORY: Classification TARIFF NOS.: 9004.90.0000, 4202.32.9550 Mr. Rodney Ralston UPS Supply Chain Solutions One Trans-Border Drive Champlain, NY 12919 RE: The tariff classification of protective eyewear from Canada and drawstring pouches from China; the status under the North American Free Trade Agreement (NAFTA), of eyewear from Canada and drawstring pouches from China; Article 509 Dear Mr. Ralston: In your letter dated December 8, 2003, on behalf of Leader Sports, you requested a tariff classification ruling. The submitted sample is protective eyewear for use while playing racquetball, squash or badminton, and a textile pouch for the eyewear. You state that the eyewear is made in Canada and that the pouch is wholly produced in China. The tariff classification of eyewear pouches was addressed in Headquarters Ruling 964443 dated May 14, 2001. It was determined that eyewear pouches, regardless of whether imported in quantities equal to the eyewear (sunglasses), are classified separately in heading 4202, HTS. The applicable subheading for the protective eyewear will be 9004.90.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for spectacles, goggles and the like, corrective, protective or other. The general rate of duty will be 2.5 percent ad valorem. The applicable subheading for the drawstring pouch will be 4202.32.9550, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or in the handbag: with outer surface of textile materials, other, other, of man-made fibers. The general rate of duty will be 17.6 percent ad valorem, and the quota category is 670. Regarding NAFTA eligibility of the protective eyewear, you state that the eyewear is wholly obtained or produced entirely in the territory of Canada. The protective eyewear being wholly obtained or produced in the territory of Canada will meet the requirements of HTSUSA General Note 12 (b)(i), and will be entitled to a free rate of duty under the NAFTA upon compliance with all the applicable laws, regulations and agreements. Noting that the eyewear pouch is wholly made in China, it does not satisfy the NAFTA eligibility requirements as specified in General Note 12 (b) HTSUSA. The eyewear pouch, of man-made fiber textile materials, is not eligible for NAFTA treatment. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). Your sample is being returned as requested. 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 on protective eyewear, contact National Import Specialist Barbara Kiefer at 646-733-3019. If you have any questions regarding the ruling on the drawstring pouch, contact National Import Specialist Kevin Gorman at 646-733-3041. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division