The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of a men’s woven shirt and tie set from the Dominican Republic.

N036829 September 23, 2008 CLA-2:OT:RR:NC:WA:356 CATEGORY: Classification TARIFF NO.: 6205.20.2066 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 a men’s woven shirt and tie set from the Dominican Republic. Dear Ms. Kim: In your letter, dated August 25, 2008, you requested a ruling on the tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of a men’s woven shirt and tie set from the Dominican Republic. The submitted sample is a men’s woven shirt and tie set. The shirt is constructed from 55% cotton, 45% polyester, solid color, woven fabric and features a left over right full front opening with seven button closures; a point collar; long sleeves with buttoned cuffs; a pocket on the left chest; and a curved, hemmed bottom. The shirt is folded over cardboard and packaged in a retail polybag with a coordinating color, 100% polyester, woven fabric tie. The shirt is labeled with dual sizing (i.e., M, 15 ½, 32/33) and is not considered a dress shirt for tariff classification purposes. The shirt imparts the essential character to the set. Consequently, the applicable subheading for the shirt and tie set will be 6205.20.2066, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ shirts, of cotton: other: other: other: other: men’s. The rate of duty is 19.7% ad valorem. The shirt and tie set falls within textile category designation 340. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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. Regarding eligibility for preferential duty treatment under the DR-CAFTA, you state that the shirt fabric is cut and sewn into finished garments in the Dominican Republic and that the coordinating tie is made in China. You also state that the shirt and tie are packaged together as a set in the Dominican Republic and are shipped directly from the Dominican Republic to the United States. In order to determine the eligibility of the shirt and tie for preferential treatment under DR-CAFTA, we need additional information. Please provide the following: For the shirt: State the country where the yarn used for the shirt fabric was formed (spun) and finished. State the country where the shirt fabric was woven and finished. For the tie: Please confirm that the following information is correct: The 100% polyester woven fabric for the tie was cut and sewn in China from fabric that was woven and dyed in Korea from yarn that was spun in Korea. If any of this information is incorrect, please provide the correct information. For the sewing thread: State the country of origin of the sewing thread (yarn) used in the construction of the garments and : Submit a sample of the sewing thread (yarn) on the support (e.g., reel or tube) as imported into the Dominican Republic. If a sample on the support is unavailable, state the weight of the sewing thread (yarn) on the support. State the fiber content of the sewing thread (yarn). State whether it is a filament or a staple fiber. State whether it is single or multiple yarn. State whether it is dressed for use as sewing thread. If you resubmit your request, please include all of the material that we have returned to you and mail your request to U.S. Customs and Border Protection, Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section. If you have any questions regarding the above, contact National Import Specialist Mary Ryan at 646-733-3271. This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). A copy of this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 646-733-3271. Sincerely, Robert B. Swierupski Director National Commodity Specialist Division