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NY 809881




May 11, 1995

CLA-2-59:S:N:N6:350 809881

CATEGORY: CLASSIFICATION

TARIFF NO.: 5911.90.0080

Mr. Gary S. Lewin
E. Besler & Company
P.O. Box 66361
Chicago, IL 60666-0361

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a polishing bonnet and applicator bonnet, from Canada; Article 509.

Dear Mr. Lewin:

In your letter dated April 21, 1995, on behalf of Wen Products, you requested a ruling on the status of a polishing bonnet and applicator bonnet from Canada under the NAFTA.

A representative sample of each item was submitted. The first item is a round polishing bonnet measuring 6" in diameter. The bonnet is made with 11oz knit terry cloth which is 20% polyester and 80% cotton, by weight. An elasticized collar is sewn around the perimeter of the bonnet to facilitate its placement on the head of a polishing machine.

The second item, the applicator bonnet, is also round in configuration and measures about 6" in diameter. The bonnet is made with 100% polyester knit terry cloth (6oz). This bonnet has a vinyl (PVC) backing sewn to its undersurface.

Your correspondence indicates that the two bonnets are essentially wholly produced in Canada from originating materials except for an insignificant amount of thread (de minimis) of which 60% is of Canadian origin.

The applicable tariff provision for the two products will be 5911.90.0080, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile products and articles, for technical use. The general rate of duty will be 7.1 percent ad valorem.

The two products, being wholly obtained or produced entirely in the territory of Canada, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 2.2 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

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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