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NY E85826





September 8, 1999

LA-2-61:RR:NC:TA:N3:356 E85826

CATEGORY: CLASSIFICATION

TARIFF NO.:6110.30.3030; 6110.30.3050

Ms. Julie Dausman
Ex-Officio, Inc.
1419 Elliott Avenue West
Seattle, WA 98119

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

Dear Ms. Dausman:

In your letter dated August 5, 1999, and in subsequent correspondence dated August 10, 1999, you requested a ruling on the status of men’s knit garments from Canada under the NAFTA.

Style 120-1420 is a men=s knit vest constructed from 100 percent polyester finely knit fabric napped on the inside and outside surfaces. The fabric measures more than 9 stitches per two centimeters counted in the horizontal direction. Style VE0050D is sleeveless and features oversized armholes; a V-neckline; a zippered pocket on the left chest; and a straight, hemmed bottom with side elastic. .
Style 116-1420 is a men=s knit pullover garment constructed from 100 percent polyester finely knit fabric napped on the inside and outside surfaces. The fabric measures more than 9 stitches per two centimeters counted in the horizontal direction. Style VE0050D features a V-veckline;long sleeves with tunnel elastic cuffs; a zippered pocket on the left chest; and a straight, hemmed bottom with side elastic..

pockets;

You have stated in your correspondence that the polyester fabric is constructed of filament fibers from South Korea that will be spun into yarn in South Korea and or Turkey. The yarns will be sent to the United States where they will be knit into fabric. The fabric will then be then sent to Canada, where it will be cut, sewn, and assembled into garments.

The applicable tariff provision for Style VE0050D will be 6110.30.3030, 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: vests other than sweater vests: men=s or boys. The general rate of duty will be 33.3 percent ad valorem.

The applicable tariff provision for Style VE0050D will be 6110.30.30500, 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: vests other than sweater vests: men=s or boys. The general rate of duty will be 33.3 percent ad valorem.

.

Style 151-1400 falls within textile category designation 633. Based upon international textile trade agreements, products of Canada are subject to quota restraints.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials, specifically the filament fibers used in the production of the goods, will not undergo the change in tariff classification required by General Note 12(t)/61.9, HTSUSA.

These garments may qualify for a preferential duty rate under the Tariff Preference Levels (TPL) defined in the HTSUSA, section XI, additional U.S. note 3 (a), up to the quantity specified in note 3(f) provided the merchandise is accompanied by a Certificate of Eligibility. Garments that qualify for preferential duty rates under the TPL may still be subject to quota requirements.

The special rate of duty for Style 151-4000 from Canada is free.

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 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 this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

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, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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