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May 6, 1999

CLA-2-61:RR:NC:TA:3:358 E80617

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3055

Ms. Lara Okunubi
Chorus Line Corp.
4505 Bandini Blvd.
Vernon, CA 90040

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a girl’s pullover from Mexico; Article 509.

Dear Ms. Okunubi:

In your letter dated April 7, 1999, you requested a tariff classification ruling on the status of a girl’s pullover from Mexico under the NAFTA.

The submitted sample, Style #K772901, is a girl’s pullover. The garment is constructed of 100% polyester knit fabric and features a scoop neckline, short sleeves and a hemmed bottom.

You state in your letter that:

1. The sample was made from fabric formed in the United States.

2. The yarn was imported from the Orient.

3. The fabric formed in the United States, from imported yarn, will be cut to shape and sewn in Mexico.

In a telephone conversation with you on May 5, 1999, you stated that the pullover will be imported in girls’ sizes 7/8.

The applicable tariff provision for the pullover, Style #K772901, will be 6110.30.3055, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted or crocheted, of man-made fibers, other, other, other, other, women’s or girls’. The duty rate will be 33.1% ad valorem.

The pullover, Style #K772901, falls within textile category designation 639. Based upon textile trade agreements, products of Mexico are presently subject to quota restraints and visa requirements.

Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/61.35.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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