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NY F83266




February 17, 2000

LA-2-61:RR:NC:TA:358 F83266

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.30.5040

Shawn M. Gibson
Global Marketing Resources Ltd.
11216 Pickerington Road N.W.
Pickerington, OH 43147

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of infant’s Cuddlebugg® from Mexico; Article 509

Dear Mr. Gibson:

In your letter dated February 10, 2000, you requested a ruling on the status of an infant’s Cuddlebugg® from Mexico under the NAFTA.

The submitted sample of Cuddlebugg®, style 001, is a one-piece garment for infants’ wear, manufactured from fleece fabric of 100 percent polyester. The outer edge of the hood of this pullover garment is elasticized, as are the inner edges of the mitten-type long sleeves. The long front and the long back of the garment are open, but can be held together in the manner of a diaper by means of VELCRO™ fasteners at the front. The article is designed for infants’ sizes newborn to 24 months.

The roll goods of fleece are manufactured in the United States. The fleece fabric is then sent to Mexico where it is cut to shape and made into the finished product.

The applicable tariff provision for the Cuddlebugg® will be 6111.30.5040, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for babies’ garments and clothing accessories, knitted or crocheted, of synthetic fibers, other, other. The general rate of duty will be 16.4 percent.

The infant’s Cuddlebugg®, being wholly obtained or produced entirely in the territories of the United States and Mexico, will meet the requirements of HTSUSA General Note 12(b)(i), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The Cuddlebugg® falls within textile category designation 239. Based upon international textile trade agreements products of Mexico are not currently subject to quota and the requirement of a visa.

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.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.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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,

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