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NY C83440




January 21, 1998

CLA-2-62:RR:NC:3:353 C83440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6215.10.0025

Ms. Mary Beth Viruete
Made In Mexico, Inc.
1250 Sixth Ave., Suite 1100
San Diego, CA 92101

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

Dear Ms. Viruete:

In your letter dated January 13, 1998 you submitted corrected information which necessitates a correction to ruling C81552, on the status of silk ties from Mexico under the NAFTA.

An outlined booklet of the consisting materials and their origin have been submitted. You state that the ties contain, by weight 27.8% woven silk fabric and 64.6% man made fiber interling. The ties are stated to be from silk twill fabric which does not orginate in Mexico and the thread is also not of Mexican origin. The ties are cut, sewn and assembled in Mexico.

The applicable tariff provision for the silk ties will be 6215.10.0025, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for "Ties, bow ties and cravats: Of silk or silk waste, Containing 50% or more by weight (including any linings and interlinings) of textile materials other than silk or silk waste." The general rate of duty will be 7.7% ad valorem.

The tie falls within the textile category 659. Based upon international textile trade agreements, products of Mexico are not subject to quota restraints or visa requirements.

In accordance with Chapter 62 Rule 3 the non-originating material used to make the silk tie has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/62.38. The silk tie will be entitled to a 1.4% rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

General Note 12(f)vi (The "De minimis Rule") states that fibers or yarns used in the production of the component of the good that determines the tariff classification of the good do not undergo an applicable change in tariff classification, provided for in subdivision (t) of this note, shall nonetheless be considered to originate if the total weight of all such fibers or yarns in that component is not more than 7 percent of the total weight of that component. In this case it is the sewing thread that is considered De minimis.

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

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 353 at 212-466-5881.

Sincerely,

Robert B. Swierupski
Director,

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