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

N035569 September 10, 2008 CLA-2-62:OT:RR:NC:WA:356 CATEGORY: Classification TARIFF NO.: 6205.30.2070 Ms. Ji Eun Kim Loadway Enterprises, Inc. 19 West 34th Street, Suite 916 New York, NY 10001 RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of certain men’s shirts from the Dominican Republic. Dear Ms. Kim: In your letter dated July 24, 2008, which was received by this office on August 13, 2008, you requested a ruling on the status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of certain men’s shirts from the Dominican Republic. A sample was submitted with your inquiry and will be returned, as requested. Style “Microfiber” is a men’s shirt constructed from 100% polyester, solid color, woven fabric. Style “Microfiber” features a point collar; a left over right, full front opening with seven button closures; long vented sleeves with a button closure at the cuffs; and a curved, hemmed bottom. The sizing in the neck reads: XL-5 and shows the neck measurements 17-17 ½ over the sleeve measurements 34-35. Because the garment has dual sizing, it is not considered a dress shirt for tariff classification purposes. The applicable subheading for Style “Microfiber” will be 6205.30.2070, Harmonized Tariff Schedule of the United States, (HTSUS), which provides for men’s or boys’ shirts: of man-made fibers: other: other: other: other: men’s. The duty rate is 29.1 cents per kg. plus 25.9% ad valorem. 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/. Style “Microfiber” falls within textile category designation 640. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-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. You state that the 100% polyester fabric for the shirt is woven in Korea and that the fabric is cut and assembled into a finished garment in the Dominican Republic. The finished shirts are then packed and shipped directly to the United States from the Dominican Republic. The origin of the sewing thread was not stated. On March 1, 2007, the Dominican Republic became eligible for DR-CAFTA benefits. General Note 29(b), HTSUS, sets forth the criteria for determining whether a good is originating under 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 non-originating 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 62, Chapter rule 2 states that: 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 General Note 29 (n) 62.30 requires: A change to subheadings 6205.10 through 6205.90 from any other chapter, except from headings 5111 through 5113, 5204 through 5212, 5310 through 5311, chapter 54, headings 5508 through 5516, 5801 through 5802 or 6001 through 6006, provided that the good is cut or knit to shape, or both, and sewn or otherwise assembled in the territory of one or more of the parties to the Agreement. The 100% polyester woven fabric is classified in heading 5407 and determines the classification of the good. Style “Microfiber” does not qualify for preferential treatment under DR-CAFTA because (a) it will not be wholly obtained or produced entirely in the territory of one or more DR-CAFTA countries; (b) one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 29(n)/62.30, HTSUS and (c) it will not be produced entirely in the territory of one or more of the DR-CAFTA parties exclusively from originating materials. 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 Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division