The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of men’s jackets from El Salvador.

N031346 July 18, 2008 CLA-2-61:OT:RR:NC:3:348 CATEGORY: Classification TARIFF NO.: 6101.30.2010 Lori J.P. Boullet Columbia Sportswear 14375 NW Science Park Drive Portland, OR 97229 RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of men’s jackets from El Salvador. Dear Ms. Boullet: In your letter dated June 17, 2008 you requested a ruling on the status of men’s jackets under the DR-CAFTA. The submitted garment, Style OM2425, is a men’s jacket constructed from both knit and woven fabric. Style OM2425 has a full front opening with a zippered closure; a zip-through mock turtleneck collar; long, tapered sleeves with stretch woven cuffs; zippered inset pockets below the waist; a zippered patch pocket with an embroidered logo on the left chest; an embroidered logo on the rear collar; knit stretch underarm gussets; and a straight bottom with a drawcord and cordlocks. The patch pockets on the left chest and the left sleeve, the pocket edging on the zippered inset pocket, the sleeve cuffs, the outside portion of the collar, and the inner hem are constructed from 58% nylon, 31% polyester, 11% elastane woven fabric. The chin guard and the sleeve gussets are constructed from 88% polyester, 12% elastane brushed knit pile fabric. The fabric forming the inside of the front inset pockets is constructed from 100% polyester, tricot knit fabric. The remainder of the garment is constructed form 100% polyester, finely knit, cut pile fabric that is napped on the inside surface. Over 60% of the visible surface area of the garment is of knit pile construction. Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/. The applicable tariff provision for the Style OM2425 will be 6101.30.2010 , Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boy’s overcoats, carcoats, capes, cloaks, anoraks (including ski-jackets), windbreakers, and similar articles, knitted or crocheted, other than those of heading 6103, of man-made fibers, other, other, men’s. The rate of duty will be 28.2%. This merchandise falls within textile category 634. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov. The manufacturing operations for Style OM2425 is follows: The fabric for the patch pockets on the left chest and the left sleeve, the pocket edging on the zippered inset pocket, the sleeve cuffs, the outside portion of the collar, and the inner hem are woven into fabric in Korea. The yarns for the chin guard and the sleeve gussets are knitted into fabric and then dyed and finished in the U.S The fabric forming the inside of the front inset pockets is knitted in China from Taiwan yarns. The remaining fabric of the garment is knitted in the U.S. from U.S. polyester yarns. The filament polyester sewing thread used to assemble the components is formed and finished in the U.S. The filament viscose embroidery thread on the left chest pocket and the center back collar is formed and finished in Germany. All materials are shipped to El Salvador. In El Salvador, the fabrics are cut, sewn and assembled into the finished garment. The garment would be exported from El Salvador to the U.S. General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i)the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or (B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note; and the good satisfies all other applicable requirements of this note; or (iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials. General Note 29(n) Chapter 61, Chapter Rule 2 states, For purposes of determining whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good. The component that determines the classification of the good is the cut knit pile fabric manufactured in the U.S. from U.S. yarns. Since the fabric is stated to be an originating material, it does not have to meet the terms of the tariff shift rule. Based on the facts provided, the goods described above qualify for DR-CAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 29(b)(ii)(A). The merchandise will therefore be entitled to a free rate of duty under the DR-CAFTA upon compliance with all applicable laws, regulations, and agreements. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). 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 Rosemarie Hayward at 646-733-3064. Sincerely, Robert B. Swierupski Director, National Commodity Specialist Division