The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of a woman’s knit leotard from the Dominican Republic

N224244 August 1, 2012 CLA-2-61:OT:RR:NC:N3:361 CATEGORY: Classification TARIFF NO.: 6114.30.2010 Mr. Lisias Ransan Varnam Inc. DBA So Danca 328 S. Military Trail Deerfield Beach, FL 33442 RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of a woman’s knit leotard from the Dominican Republic Dear Mr. Ransan: In your letter dated June 26, 2012, you requested a ruling on the classification and status of a knit leotard under the DR-CAFTA. You also inquire if the Chinese made lace like fabric will affect eligibility for DR CAFTA status. The submitted sample, style SD814SU, is a woman’s knit leotard. The leotard is constructed from two different fabrics. The front and lower back panels are constructed from 90% supplex nylon and 10% spandex knit fabric. The upper back and shoulder panels are constructed from 85% nylon and 15% lycra spandex lace-like knit fabric. The garment features gathering at the center of the bust; lining in the bust area; an embroidered logo on the lower left side; a lace-like panel covering the upper back and shoulders; and elasticized leg openings. The lace-like back and shoulder panels are manufactured in China. The yarn and fabric for the front and lower back panels are manufactured in the United States. The garment is cut, sewn and assembled in the Dominican Republic. The sewing thread is formed and finished in the Dominican Republic. We are returning your sample. The applicable subheading will be 6114.30.2010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Other garments, knitted or crocheted: Of man-made fibers: Bodysuits: Of fabric containing by weight 5 percent or more elastomeric yarn or rubber thread. The duty rate will be 32% 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/. 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. For the leotard, the component that determines the classification is the nylon/spandex front knit panel. The component that determines the classification is the 90% supplex 10% lycra spandex knit fabric. Based on the facts provided, the leotard qualifies for DR-CAFTA preferential treatment, because it will meet the requirements of HTSUS General Note 29(b). The component that determines the classification is an originating material. Therefore, it will 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 classification, contact National Import Specialist Peggy Fitzgerald at 646-733-3052. If you have any questions regarding the eligibility under DR-CAFTA, contact National Import Specialist Rosemarie Hayward at 646-733-3064. Sincerely, Thomas J. Russo Director National Commodity Specialist Division