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NY 813588





September 11, 1995

CLA-2-61:S:N:N5:359 813588

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3020

Mr. Ruben Sandoval
J.O. Alvarez, Inc.
Tex-Mex Industrial Park
1 Ramos Road, P.O. Box 1434
Laredo, Texas 78042-1434

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a woman's knit sweater from Mexico; Article 509.

Dear Mr. Sandoval:

In your letter dated August 10, 1995, on behalf of Ultracril, SA de C.V., Guadalajara, Jal, Mexico, you requested a ruling on the status of a woman's sweater from Mexico under the NAFTA.

The submitted sample, style number DA16, is a woman's sweater constructed from 100% acrylic, knit fabric (ribbed, cableknit, and jersey knit fabrics). The outer surface of the garment measures less than 9 stitches per 2 centimeters in the horizontal direction. The sweater features a crew neckline; short sleeves with ribbed cuffs; and a ribbed bottom. Your sample is being returned.

The applicable tariff provision for the sweater will be 6110.30.3020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's sweaters, knitted: of man-made fibers: other. The general rate of duty will be 34% ad valorem.

You have submitted a letter from the manufacturer which states that the fiber and yarn are made in the United States or Mexico; and that the yarn is knit into fabric and cut and sewn in Mexico. Consequently, the sweater, being wholly obtained or produced entirely in the territory of Mexico or the United States, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free 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 Regulation (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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