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January 29, 1999

CLA-2-61:RR:NC:WA:361 D85098

CATEGORY: CLASSIFICATION

TARIFF NO.: 6304.63.3532

Ms. Linda Hinchey
Border Brokerage Company, Inc.
P.O. Box 3549
Blaine, WA 98231

RE: The classification and status under the North American Free Trade Agreement (NAFTA), of woman's woven shorts made in Canada.

Dear Ms. Hinchey:

In your letter dated December 2, 1998, you requested a ruling on the classification and status under the North American Free Trade Agreement (NAFTA), on behalf of Sugoi Limited. The sample is being returned, as you requested.

The submitted garment, style 392, is pair of women’s shorts constructed from 100% polyester woven fabric. The fully lined shorts feature an elasticized waistband, a small pocket attached to the inside of the waistband (described as a key pocket), and hemmed bottom.

The applicable subheading for the shorts will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s...shorts, of synthetic fibers. The general rate of duty will be 29.5 percent ad valorem; the rate under the NAFTA will be free.

You have provided the following information concerning the manufacture of the shorts. The yarn and fabric for the outer shell of the shorts(100% polyester woven fabric) is produced in the United States. The yarn for the lining fabric (100% polyester) is made in the United States, and knit in Canada. The yarn for the interior pocket (100% polyester) is produced in Korea, and knit in Canada. The fabric is then cut and sewn into the completed garment in Canada.

The garment qualifies for preferential treatment under the NAFTA because materials used in the production of the goods will undergo the change in tariff classification required by General Note 12(t)/62.28, HTSUSA.

You also asked whether the lining fabric and the mesh fabric for the interior pocket are to be considered for NAFTA purposes. Since note 12(t)/62.28 cited above does not require that the lining fabric meet the rule set forth in Chapter 62, rule 1, the lining fabric is not considered in determining whether the shorts are NAFTA originating.

Concerning the mesh fabric of the interior pocket, the yarns made in Korea would not originate under 12(t)/62.28. However, both the NAFTA De minimis rule (General Note 12(f)(iv)) and note 3 to chapter 62, exclude from consideration any yarns, etc. that are not used in the component that determines the classification of the good. Since the inner pocket is not part of the component that determines the classification, the Korean yarns are not considered in making the NAFTA determination.

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

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Should you wish to request an administrative review of this ruling, submit a copy of this ruling and all relevant facts and arguments within 30 days of the date of this letter, to the Director, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229. If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski

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