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NY G80468




August 24, 2000

CLA-2-63:RR:NC:TA:351 G80468

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989, 6307.90.8940, 4202.92.9026

Roger Bastarache
VP Sales and Marketing
Ny-Tech Design, Ltd.
253 Industrial Ave.
Truro, Nova Scotia B2N 5V2
Canada

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of five items from Canada; Article 509

Dear Mr. Bastarache:

In your letter dated July 21, 2000, you requested a ruling on the status of five items from Canada under the NAFTA. No samples were sent, but a French-language catalog was retained from your previous request, dated June 12, 2000, which we had rejected for more information.

The first item is a nylon drawstring water bottle holder, your style number NT-3486. It is described as being 8” tall by 3” diameter, fitted to a 500ml bottle (bottle not included). It has a 420-denier PVC-coated nylon body (6½”) and 210-denier polyurethane-coated nylon collar (2”) with a 3mm polyester drawstring with a plastic cordlock. A 1” x 2” webbing with a plastic hook is attached. It is assembled with polyester sewing thread.

The second item is a nylon binder cover, NT-4855. It is composed of 420-denier PVC-coated nylon and measures 24¾” x 12½” when opened. It has nylon binding tape and is assembled with polyester sewing thread. It has pockets which allow a binder to be inserted; it also has pockets for pens and a pad. It may be imported with or without a plastic binder.

The third item is a golf towel holder, NT-7330. It is composed of 420-denier PVC-coated nylon and is 9¼” tall with a 3” diameter. A cotton towel, measuring 11½” x 16” is attached to a plastic swivel hook by a 3mm polyester cord through a hole in the top which allows the towel to be withdrawn into the holder. It is assembled using polyester sewing thread.

The fourth item is a “tank teddy,” NT-7805, a cover for a 20-lb. propane gas tank. It is made from a 6½-oz., 65% polyester/35% cotton fabric with an elasticized opening. It is assembled with polyester sewing thread.

The fifth item is a roll blanket, NT-7855. It is 42” x 57”. One side is a fleece fabric described as lambskin fleece; the other is a 600-denier PVC-coated polyester fabric. It has a handle of 1” x 58½” webbing and, when rolled up, can be fastened by a Velcro strip.

The applicable tariff provision for the water bottle holder will be 4202.92.9026, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for bottle cases of textile materials: other: other: other: other: of man-made fibers. The general rate of duty will be 18.6 percent ad valorem.

The applicable tariff provision for the binder cover (with or without the binder), tank teddy, and roll blanket will be 6307.90.9989, HTS, which provides for other made-up articles: other. The general rate of duty will be seven percent.

The applicable tariff provision for the towel holder will be 6307.90.8940, HTS, which provides for other made up articles: cotton towels of pile or tufted construction. The general rate of duty will be seven percent.

The bottle holder 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 under-go the change in tariff classification required by General Note 12(t)/42, HTSUSA.

The binder cover, roll blanket, tank teddy, and towel holder do 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)/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 Mitchel Bayer at 212-637-7086.

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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