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NY F85608




May 17, 2000

CLA-2-62:RR:NC:TA:360 NY F85608

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204. 31.2010

Carolyn B. Malina
Import/Export Manager
Lands' End
1 Lands' End Lane
Dodgeville, WI 53595

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a women's woven blazer from Canada; Article 509

Dear Ms. Malina:

In your letter dated April 13, 2000 you requested a ruling on the status of a women's woven blazer from Canada under the NAFTA, as well as a classification determination. The blazer will be returned, as you requested.

CLASSIFICATION:

Style 63903 is a women's tropical weight blazer whose shell fabric is made from 97 percent wool and 3 percent lycra spandex woven fabric. The tailored jacket features a notched collar, long hemmed sleeves, a full front opening secured by three buttons and two pockets with flaps below the waist. The jacket has a woven viscose lining.

The applicable tariff provision for the blazer will be 6204.31.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's suit-type jackets and blazers of wool or fine animal hair. The general rate of duty will be 18.5 cents/kg + 18.9 percent ad valorem.

Style 63903 falls within textile category designation 435. Based upon international textile trade agreements products of Canada are not subject to quota and the requirement of a visa.

NAFTA ELIGIBILITY:

According to the information provided, the wool shell fabric of the blazer is of NAFTA origin (made in either the U.S. or Canada from U.S. yarns). The viscose lining fabric of the blazer, which is classifiable under subheading 5408.22.9030, HTS, however, is not of NAFTA origin. The fabric is made in Germany.

Chapter rule 1, General Note 12(t) 62, HTSUS, which is applicable to goods classifiable in chapter 62, HTSUS, requires that for garments classified under subheading 6204.31.2010, HTS, the visible lining fabric must satisfy the tariff change requirements provided therein. The visible viscose lining of the jacket is not of NAFTA origin. As this rule applies to the blazer, the merchandise does not qualify for preferential treatment under the NAFTA .

Tariff Preference Levels:

The blazers may, however, qualify for a reduced duty rate under the Tariff Preference Levels (TPL) established in Section XI, Additional U.S. note 3(a), HTSUSA. Since the garments are cut and sewn in Canada, they would qualify for the preferential rate (Free) up to the quantity specified in Note 3(f), provided that the imported merchandise is accompanied by a Certificate of Eligibility.

HOLDING:

The applicable tariff provision for the blazer, a product of Canada, is 6204.31.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women's suit-type jackets and blazers of wool or fine animal hair. The general rate of duty will be 18.5 cents/kg + 18.9 percent ad valorem.

The subject merchandise, women's blazers, is not eligible for NAFTA treatment.

Although the subject merchandise is not eligible for the NAFTA preference, it is eligible for the tariff preferential level assuming the tariff preferential level is available up to the annual quantity specified.

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 Patricia Schiazzano at 212-637-7080.

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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