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NY F82579




March 2, 2000

CLA-2-62:RR:NC:TA:361 F82579

CATEGORY: NAFTA

Ms. Diane L. Weinberg
Meeks & Sheppard
Attorneys at Law
330 Madison Avenue
39th Floor
New York, NY 10017

RE: The status under the North American Free Trade Agreement (NAFTA), Article 509, of women’s knit nightgown from Mexico.

Dear Ms. Weinberg:

In your letter dated January 31, you requested a ruling on the classification and status of women’s knit nightgown from Mexico under the NAFTA. The sample will be returned to you, as requested.

CLASSIFICATION

The submitted garment, style KO 59970 is a woman’s nightgown constructed from knit and woven fabrics. The entire back of the chemise styled nightgown, as well as more than 80% of the front, is constructed from 100% polyamide (nylon) raschel knit fabric. The bodice is constructed from 100% polyester woven fabric, and is attached to the raschel knit fabric with an embroidered strip. The nightgown features two ¼ inch satin straps; a U-shaped neckline in front; satin trim at the front neckline and armholes; elastic trim at the upper edge of the back; and the bottom finished with a “lettuce edging.” The knit portion of the garment provides the essential character under the General Rules of Interpretation (GRI) 3(b).

The applicable tariff provision for style KO 59970 will be 6108.31.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’s nightdressesof cotton. The general rate of duty will be 8.7 percent ad valorem.

The garment falls within textile category designation 351. Based upon international textile trade agreements, this category of garments, imported from Mexico is not subject to quota and the requirement of a visa.

NAFTA DETERMINATION

According to the information provided, polyamide fiber, made in Mexico, will be spun into yarn in Mexico, and knit into fabric in Mexico. The woven polyester fabric will be imported from a non-NAFTA country, as will the satin shoulder straps and the embroidered strip. The fabric will be cut and sewn into a completed garment in Mexico.

Based on the above procedures, each of the non-originating materials used to make the nightgown will satisfy the changes in tariff classification required under HTSUSA General Note 12(t)/61.33 and General Note 12(t)/61.GR2. The nightgown will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

HOLDING:

The nightgown, a product of Mexico, is considered to originate under the rules of the NAFTA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181), as well as Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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 Angela De Gaetano at 212-637-7029.

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

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