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NY 899631




July 27, 1994

CLA-2-62:S:N:N5:357 899631

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Jose P. Saldana
Carmatex S.A. DE C.V.
Av. Reforma S/N Tonanzintla Cholula,
Puebla - Mexico C.P. 72840

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of three men's jackets from Mexico

Dear Mr. Saldana:

In your letter dated June 15, 1994, on behalf of Sun Specs, Inc., you requested a ruling on the status of three men's jackets from Mexico under the NAFTA.

The samples submitted, style numbers 7500, 7600 and 7700, are three varsity-style baseball jackets constructed of a shell composed of 56% polyester/27% acrylic/5% wool/5% cotton/4% nylon/ 3% rayon fabric.

Style numbers 7500 and 7600 have a full front opening with left over right snap closures, two front slash pockets at the waist and a ribbed-knit fabric collar, sleeve cuffs and waistband. Style number 7700 has a full front opening with left over right button closures, an integral hood and ribbed-knit fabric sleeve cuffs. The jacket of style number 7500 has a tweed design body fabric with solid contrasting color fabric sleeves. The jacket of style number 7600 has tweed design fabric on the lower portion of the garment and solid contrasting color fabric on the upper portion. The jacket of style number 7700 is composed of a tweed design fabric with a solid contrasting color fabric hood and contrasting color fabric on the lower portion of each sleeve.

The jackets will be cut and sewn into finished garments in Mexico from cuttings of fabrics obtained from companies either in the United States or Mexico. In Mexico the cuttings will be broken down to obtain fibers, respun into yarn and woven into the fabric that will be used to manufacture the jackets.

The applicable tariff provision for the jackets will be 6201.93.3511, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other men's anoraks, windbreakers and similar articles, of man-made fibers. The general rate of duty will be 29.5 percent ad valorem.

Each of the non-originating materials used to make the jackets has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62. The jackets will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director

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