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NY A81012

CLA-2-62:RR:NC:5:353 A81012

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.42.3050, 6104.43.2010, 6204.42.4030, 6106.20.2010, 6104.63.1510

Mr. Robert De Lisle
Beverly Creations, Inc.
29 W. 36th St.
New York, N.Y. 10018

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of dresses for the handicapped from Mexico; Article 509

Dear Mr. De Lisle:

In your letter dated March 1, 1996, you requested a ruling on the status of dresses for the handicapped from Mexico under the NAFTA.

The samples submitted are four dresses and a pants outfit designed for people placed in nursing homes who are unable to dress themselves. Style 4738SS is stated to consist of 55% cotton and 45% polyester woven fabric. It is designed with a pilgrim collar, short sleeves, and a self fabric belt. Style 4766SS is stated to consist of 50% polyester and 50% cotton knit fabric. The garment is designed with short sleeves, a jewel neck collar and self fabric belt. Style 4785SS is stated to consist of 100% polyester knit fabric with a Peter Pan collar, a bow a the neck, and long sleeves. Style 4787SS is stated to consist of 100% woven polyester fabric, a 3/4 sleeve, with buttons from neck to waist at the front, and a self fabric belt. Style 4541 is a two piece pants outfit is stated to consist of 50% cotton and 50% polyester knit fabric. The pants have an elastic waistband and the blouse is designed with short sleeves, a jewel neckline, a three button closure at the front of the garment and a snap closure completely down the back. All the dress styles are designed with a snap closure down the back from neck to hem, to facilitate easy dressing.

The applicable tariff provision for style 4738 will be 6204.42.3050, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's or girls' suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Dresses: Of cotton: Other: Other, Other: Girls'. The general rate of duty will be 11.8% ad valorem.

The applicable tariff provision for styles 4766SS, 4785SS, nd 4541 will be 6114.30.3070, Harmonized Tariff Schedule of the United States which provides for other garments, knitted or crocheted: Of man-made fibers: Other, Other: Women's or girls. The general rate of duty will be 15.9% ad valorem.

The applicable tariff provision for style 4787 will be 6211.43.0091 track suit, skisuits and swimwear; other garments Other garments, women's or girls': Of man-made fibers, other. The general rate of duty will be 16.8% ad valorem.

Styles 4738SS, 4766SS, 4785SS, 4787SS and 4541, being wholly obtained or produced entirely in the territory of the United States and Mexico, 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.

Due to the fact that the garments are to be constructed of 50/50 blend of, it is to be classified on the basis of General Rule of Interpretation 3(c) of the classification principles. Even a slight change in the fiber content may result in a change of classification, as well as, visa and quota requirements. The pillows may be subject t U.S. Customs laboratory analysis at the time of import and if the fabric is o'er than a 50/50 blend it may be reclassified by Customs at that time.

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

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

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 Martin Weiss at 212-466-5881.

Sincerely,

Roger J. Silvestri
Director

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See also:

• Tariff No.: 6104.43.20 - Women's or girls' dresses, knitted or crocheted, of synthetic fibers, nesoi
• Tariff No.: 6104.63.15 - Women's or girls' trousers, etc., knitted or crocheted, of synthetic fibers, containing 23 percent or more of wool or fine animal hair
• Tariff No.: 6106.20.20 - Women's or girls' blouses and shirts, knitted or crocheted, of man-made fibers, nesoi
• Tariff No.: 6114.30.30 - Garments nesoi, knitted or crocheted, of man-made fibers
• Tariff No.: 6204.42.30 - Women's or girls' dresses, not knitted or crocheted, of cotton, nesoi
• Tariff No.: 6211.43.00 - Women's or girls' track suits or other garments nesoi, not knitted or crocheted, of man-made fibers