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NY A87280



October 2, 1996

CLA-2-62:RR:NC:WA:353:A87280

CATEGORY: CLASSIFICATION

TARIFF NO.: 6211.43.0091

Mr. Sergio Galindo
Galindo Customhouse Broker
Spur 239
La Frontera Bldg. Suite #1
P.O. Box 420924
Del Rio, Texas 78842

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

Dear Mr. Galindo:

In your letter dated September 3, 1996, received in our office on September 9, 1996, you requested a ruling on behalf of your client Jostens, on the status of a graduation gown from Mexico under the NAFTA. A sample was submitted for examination and will be returned.

You state that U.S. material will be sent to Mexico where it will be cut and assembled into a graduation gown.

The graduation gown, being wholly obtained or produced entirely in the territory of a NAFTA country, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a 8.4 percent ad valorem rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

You also inquire whether this merchandise is subject to the Temporary Modifications Established Pursuant To The North American Free Trade Agreement as provided for in subchapter 9906.

Subheading 9906.62.18 provides for duty free treatment for "Women's or girls' coveralls, jumpsuits and similar apparel; washsuits, sunsuits, one-piece playsuits and similar apparel; track suits; the foregoing of man-made fibers (provided for in subheading 6211.43)" from Mexico.

The subject merchandise is not considered a garment of the types enumerated in subheading 9906.62.18. and is therefore not entitled to a duty rate of free. .

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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