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NY E86311




September 29, 1999

CLA-2-61:RR:NC:TA:359 E86311

CATEGORY: CLASSIFICATION

TARIFF NO.: 6102.30.2010

Mr. Barry Malloy
Import Broker’s Int’l. Co.
5824 South Quemoy Circle
Aurora, Colorado 80015

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

Dear Mr. Malloy:

In your letter dated August 16, 1999, submitted on behalf of Timberline Colorado (d.b.a. Caretek), Denver, Colorado, you requested a ruling on the status of a unisex knitted jacket from Mexico under the NAFTA.

The submitted sample is returned as requested.

The submitted sample, Style SJ97, is a unisex knitted jacket that consists of 100% polyester fibers and which has a knitted fabric on both the inside and the outside. There are more than nine stitches per two centimeters in the knitted fabric, measured in the direction in which the stitches were formed. The jacket features a full-front, zippered opening; a stand-up collar; long sleeves with elasticized cuffs; an elasticized bottom and two slanted side pockets, each of which has a zippered closure.

You describe the manufacturing process as follows:

- the fabric for the body and collar is knitted in Taiwan; - the zippers, the fusible fabric, the pocket fabric, the elastic of the bottom and sleeve cuffs and the collar binding are made in the United States; - the component panels are cut to size and shape, and the chest and back panels are joined at the shoulders in the United States; - the sleeves are closed and sewn and the remainder of the body panels are sewn in Mexico.

The applicable tariff provision for the unisex knitted jacket will be 6102.30.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’sanoraks, windbreakers and similar articles, knitted or crocheted, other than those of heading of 6104: of man-made fibers, other, other, women’s. The general rate of duty will be 29.1% ad valorem.

The jacket falls in textile category designation 635. Based upon international textile trade agreements products of Mexico are subject to the requirements of a visa and the restraints of quota.

Since quota and visa restrictions are the result of international bilateral trade agreement 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 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, HTSUSA.

However, the jacket may be subject to a reduced rate of duty based upon Tariff Preference Levels (TPL) established in Section XI, Additional U.S. Note 3 c, up to the annual quantities specified in subdivision (g) ii of the Note. Upon completion of the required documentation and up to the specified annual quantities, the jacket, since it is both cut and sewn or otherwise assembled in the territory of a NAFTA party from fabric or yarn produced or obtained outside the territory of the NAFTA parties, may be eligible for the preferential rate of FREE.

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 Mike Crowley at 212-637-7077.

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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