The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of two women’s pullovers from Guatemala.

N247390 November 15, 2013 CLA-2-61:OT:RR:NC:N3:359 CATEGORY: Classification TARIFF NO.: 6110.30.3059 Mr. Richard M. Suh Titan Global CHB, Inc. 933 Sandhill Ave. Carson, CA 90746 RE:     The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of two women’s pullovers from Guatemala. Dear Mr. Suh: In your letter dated October 28, 2013 you requested a classification ruling on behalf of your client TSF LLC. The submitted sample, style 323501, is a woman’s “Hollister” label sleeveless pullover constructed from two different fabrics. The front and back fabric is composed of 50% cotton, 38% polyester and 12% rayon knit fabric. The shoulder area is constructed from 92% nylon and 8% spandex openwork knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features an unfinished rib knit scoop front neckline, an unfinished rib knit high rear neckline, lace-like openwork fabric at the top of the shoulders, a screen print number and the letters “A&F” on the front panel, and an unfinished garment bottom. The garment extends to below the waist. The submitted sample, style 323525, is a woman’s sleeveless pullover constructed from two different fabrics. The front and back fabric is composed of 50% cotton, 38% polyester and 12% rayon knit fabric. The shoulder area is constructed from 92% nylon and 8% spandex yarn openwork lace like knit fabric. The outer surface of the garment measures more than nine stitches per two centimeters in the direction that the stitches were formed. The garment features an unfinished rib knit scoop front neckline, an unfinished rib knit high rear neckline, lace-like openwork fabric inserts with self-fabric backing at the top of the shoulders, and an unfinished garment bottom. The garment extends to below the waist. This garment will have the same print on the front panel as style 323501 when imported. The essential character for both garments is imparted by the front and back components. Due to the fact that the garments are to be constructed of a 50/50 blend of fibers, the garments are classified using HTSUS Section XI Note 2(A) and Subheading Note 2(A). The garments will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. Even a slight change in the fiber content may result in a change of classification. The garments may be subject to Customs laboratory analysis at the time of importation, and if the fabric is other than a 50/50 blend it may be reclassified by Customs at that time. The applicable subheading for both styles will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted: Of man-made fibers: Other: Other: Other: Women’s or girls’: Other. 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/. The manufacturing operations are as follows: The openwork lace-like knit fabric is produced in China. The 100% polyester sewing thread is made in Guatemala. The front and back panels are knitted in Guatemala from DR-CAFTA yarn. The components are cut, assembled, dyed and finished in Guatemala. The ink used to create the print design is made in Guatemala. The pullovers are exported directly to the United States from Guatemala. 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.The component that determines the classification is the 50% cotton, 38% polyester and 12% rayon knit fabric comprising the front and back panels. Based on the facts provided, the pullovers qualify for DR-CAFTA preferential treatment, because they 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, Gwenn Klein Kirschner Acting Director National Commodity Specialist Division