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NY E88577




October 26, 1999

CLA-2-63:RR:NC:TA:352 E88577

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Mr. Jeffrey E. Berman
Chesta Co., Inc.
11216 Pickerington Road N.W.
Pickerington, OH 43147

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

Dear Mr. Berman:

In your letter dated October 12, 1999, on behalf of Holt Sublimation Printing & Products, Burlington, North Carolina, you requested a ruling on the status of a decorative flag from Mexico under the NAFTA.

The sample submitted is a decorative flag, style number 101299F. The decorative flag is made of 100 percent polyester woven fabric panel. The panel is hemmed on all sides. Folding down the upper edge of the flag and hemming it has created a sleeve measuring 3 inches in diameter. This sleeve will function as the mechanism by which the flag will be hung from a pole. The flag depicts “Santa Claus” holding a Christmas tree in one hand and a flag with the printed words “OH”, “OH”, “OH” in the other. It measures approximately 38” x 25-1/2”.

The applicable tariff provision for the decorative flag will be 6307.90.9989, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles . . . Other. The general rate of duty will be 7 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because the originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/63, HTSUSA.

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 Alan Tytelman at 212-637-7092.

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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