NY E80282 - The tariff classification and status under the North American Free Trade Agreement (NAFTA), of knit gloves from Mexico; Article 509 - United States International Trade Commision Rulings

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May 6, 1999

CLA-2-61:RR:NC:TAB:354 E80282

CATEGORY: CLASSIFICATION

TARIFF NO.: 6116.10.5510; 6116.10.5520; 6116.10.5530; 6116.91.0000; 6116.92.8800; 6116.93.8800

Mr. C. R. Hammett
Wells Lamont
6640 West Touhy Avenue
Niles, IL 60714-4587

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

Dear Hammett:

In your letter dated March 12, 1999, you requested a ruling on the status of knit gloves from Mexico under the NAFTA.

No samples were submitted, however you did provide several pictures and details of the actual gloves and operations. Based upon this information we make the following assumptions. All the gloves will be string knit, they will be made of either 100% polyester yarn (HTS 5509), 70% polyester/30% acrylic yarn (HTS 5509), 85% wool/15% nylon yarn (HTS 5106 or 5107), or 100% cotton yarn (HTS 5205) and the styles which have dot coatings will not exceed 50% by weight of plastic.

According to your submission, foreign yarn made from staple fibers will be shipped to Mexico (most likely from China). The method which is used to get the yarn to Mexico will have no impact on the NAFTA eligibility of the knit gloves. In Mexico the foreign yarn will be string knit to form gloves. In some cases plastic dot coating will be applied. The finished product will then be imported to the United States.

The applicable subheading for 100% cotton knit gloves, will be 6116.92.8800, Harmonized Tariff Schedule of the United States (HTS), which provides for gloves, mittens and mitts, knitted or crocheted: of cotton: other: without fourchettes. The duty rate will be 9.7 percent ad valorem.

The applicable subheading for 85% wool/15% nylon gloves, will be 6116.91.0000, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: Other: Of Wool or fine animal hair... The rate of duty will be 32.2 cents per kilogram plus 7.2 percent ad valorem.

The applicable subheading for 100% polyester and 70% polyester/30% acrylic knit gloves will be 6116.93.8800, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: without fourchettes. The rate of duty will be 19.2 percent ad valorem.

The applicable subheading for plastic dot coated cotton knit gloves will be 6116.10.5510, HTS, which provides for gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: . . . containing 50 percent or more by weight of cotton, man?made fiber or other textile fibers, or any combination thereof, subject to cotton restraints. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for plastic dot coated man-made fiber knit gloves will be 6116.10.5520, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: containing 50 percent or more by weight of cotton, man?made fibers or other textile fibers, or any combination thereof . . . subject to man?made fiber restraints. The duty rate will be 13.6 percent ad valorem.

The applicable subheading for plastic dot coated wool knit gloves will be 6116.10.5530, HTS, which provides for Gloves, mittens and mitts, knitted or crocheted: impregnated, coated or covered with plastics or rubber: other: without fourchettes: other: containing 50 percent or more by weight of cotton, man?made fibers or other textile fibers, or any combination thereof . . . other. The duty rate will be 13.6 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because the yarn used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/61.39, HTSUSA, which requires:

A change to subheadings 6113 through 6117 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54 or headings 5508 through 5516 or 6001 through 6002, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

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 Brian Burtnik at 212-637-7083.

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, Commercial Rulings Division, Headquarters, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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