The tariff classification and status of textile under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of textile bracelets from Nicaragua.

N241675 May 30, 2013 CLA-2-62 OT:RR:NC:N3:353 CATEGORY: Classification TARIFF NO.: 6217.10.9530 Mr. Chris Howell The Pulsera Project 870 Duvall Street Charleston, SC 29412 RE: The tariff classification and status of textile under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of textile bracelets from Nicaragua. Dear Mr. Howell: In your letter dated April 25, 2013, you requested a ruling on the tariff classification and status under the Dominican Republic-Central America Free Trade Agreement (DR-CAFTA) of textile bracelets. You have submitted four samples of textile bracelets; two bracelets were identified as “pulsera style 1” and two bracelets were identified as “pulsera style 2.” The “pulsera style 1” bracelets are constructed of acrylic knotted fabric and measure approximately six inches in length and approximately ¾ inch in width with ties at each end. The “pulsera style 2” bracelets are constructed of nylon knotted fabric and measure approximately six inches in length and ½ in width. You state that the yarn used to make the fabric is produced in Guatemala from staple fibers manufactured in Guatemala. The fabric for the bracelets is produced in Nicaragua. The bracelets are manufactured in Nicaragua and then exported directly from Nicaragua to the United States. The applicable subheading for the pulsera style 1 and style 2 bracelets will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for "Other made up clothing accessories… other than those of heading 6212: Accessories: Other: Other, Of man-made fibers." The rate of duty will be 14.6 percent 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, thatFor 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. Based on the facts provided, the textile bracelets qualify for DR-CAFTA preferential treatment because they meet the requirements of HTSUS General Note 29(b)(iii). The textile bracelets were produced entirely in the territory of one or more the parties to the Agreement exclusively from originating materials. 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 Kimberly Praino at (646) 733-3053. Sincerely, Thomas J. Russo Director National Commodity Specialist Division