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NY B83966




May 2, 1997

CLA-2-62:RR:NC:WA:357 B83966

CATEGORY: CLASSIFICATION

TARIFF NO.: 6201.93.3511

Mr. Ryan Rombalski
Environ's Inc. dba Forrester's
1875 S.E. Belmont St.
Portland, OR 97214

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of three men's pullover jackets from Mexico; Article 509

Dear Mr. Rombalski:

In your letters dated February 6, 1997 and March 17, 1997, you requested a ruling on the status of men's pullover jackets from Mexico under the NAFTA.

Samples were previously submitted. Style numbers P91 and P92 are two men's pullover jackets constructed of outershells composed of a woven 100% polyester fabric. Style P91 is constructed of a solid color fabric and style P92 is constructed of a print design fabric. Both jackets have a v-shaped neckline and two side seam pockets at the waist. Each garment's collar, cuffs and waistband are composed of a ribbed-knit 100% nylon fabric.

Both styles are lined with a woven 100% polyester fabric. Previously, in NY Ruling B81966, dated March 10, 1997, we had ruled on these garments with the understanding that the linings were nylon.

The information and documents that you provided indicate that the jackets will be cut, sewn and assembled into finished garments in Mexico from fabrics obtained from companies either in the United States or Canada. This information remains unchanged.

The applicable tariff provision for the garments 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 percent ad valorem.

The garments, being made entirely in the territory of Mexico using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise 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 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 W. Raftery at 212-466-5851.

Sincerely,

Paul K. Schwartz
Chief, Textiles and Apparel Branch

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