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NY C81786





December 12, 1997

CLA-2-62:RR:NC:WA:357 C81786

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5020; 6210.40.5040; 4201.00.6000; 4202.90.3030

Ms. Rachel Aylwin
Creations Jocelyne Beaulieu Inc.
437, 14me Ave.
Pointe-Calumet, Qc
Canada, JON 1G1

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of articles used by harness drivers from Canada; Article 509

Dear Ms. Aylwin:

In your letter dated October 31, 1997, received on November 14, you requested a ruling on the status of various items for use by harness drivers from Canada under the NAFTA. Descriptive literature and swatches were submitted.

Style 110 consists of a jacket and bib pants with a shell fabric of Dermoflex, a woven nylon fabric with a visible coating on the inner surface. The garments are lined with a polyester fleece material.

Style 200 is a one-piece suit with a Dermoflex woven coated shell fabric and a quilted lining. The garment provides full coverage of the torso and limbs.

Style 300 is essentially the same as style 200 but has a Hydrofil lining, instead.

Style 400 is a polar fleece jacket with a full front opening.

Style 500 is a one-piece coverall made from a satin weave polyester fabric.

Style 1000 is described as a number pad. It is affixed to a harness race horse with straps and is used to identify the racing animal. It is made from an expanded polyurethane plastic with a woven fabric backing.

Style 630, "summer pants," is a full body, sleeveless garment comprised of a woven fabric in the lower portion and a knit mesh fabric above the waist.

Style 700, "summer suit, is a full body garment of woven fabric.

Style 800 and 810 are woven windbreakers made from a Tactel nylon fabric and a brushed polyester lining.

Style 910 is a garment bag measuring approximately 48-inches by 24-inches by 6-inches deep. It is made from woven nylon fabric.

All the garments are described as men's and will be custom made for harness race drivers. All of the yarns used to produce these articles are a product of Canada. The fabrics are Canadian, and the goods are made in Canada, as well.

The applicable tariff provision for the jacket of style 110 will be 6210.40.5020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other anoraks, windbreakers and similar articles, made up of fabric of heading 5903, 5906 or 5907, of man-made fibers. The general rate of duty will be 7.4 percent in 1998.

The applicable tariff provision for styles 200 and 300 will be 6210.40.5040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for overalls and coveralls made up of fabric of heading 5903, 5906 or 5907, of man-made fibers. The general rate of duty will be 7.4 percent in 1998.

The applicable tariff provision for style 1000 will be 4201.00.6000, HTSUSA, which provides for other saddlery and harness for any animal, of any material. The general rate of duty will be 3.1 percent in 1998.

The applicable tariff provision for style 910 will be 4202.92.3030, HTSUSA, which provides for other travel, sport s and similar bags of man-made fibers. The general rate of duty will be 19 percent in 1998.

The jacket of style 110, styles 200, 300, 1000 and 910, being made entirely in the territory of Canada, using materials which themselves were originating, will satisfy the requirements of HTUSA General Note 12 (b) (iii). These items will therefore be entitled to a free rate of duty in 1998 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.

Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling for the styles which follow.

We require samples of the bib pants of style 110 and of style 400. In addition, for styles 400, 500, 630, 700, 800 and 810 we need a statement of where the fiber that makes up the yarns was produced and whether the yarns are made from staple or filament fiber. For style 630 we also require a breakdown of the weights and values of each component part. Please note as well that requests for rulings should generally be limited to no more than five articles per request.

If you have any questions regarding the ruling, contact National Import Specialist W. Raftery at 212-466-5851.

Sincerely,

Robert B. Swierupski
Director,

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