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NY H82964




July 3, 2001

CLA-2-62:RR:NC:WA:355 H82964

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.41.1810

Mr. Michael Stein
Harmonized Customs Brokers, Inc.
221 Sheridan Blvd.
Inwood, NY 11096

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of men’s woven wool trousers from Mexico; Article 509

Dear Mr. Stein:

This letter is issued to replace NY ruling H82319. That ruling contained a typographical error in the special statistical reporting number for apparel goods imported from Mexico. The correct special statistical reporting number should be 9999.00.61. The letter with the correction follows:

In your letter dated June 6, 2001, you requested a ruling on the status of men’s woven wool trousers from Mexico on behalf of MAG Industries, Inc. under the NAFTA.

The garment is described as a pair of men’s woven wool trousers which are lined. You state that the wool is not worsted, and that the lining will be of a man-made fiber. No sample was provided. You state that you believe the classification of the garment should be as a men’s trousers of woven woolen fabric. Assuming that your description is accurate, we find no reason to dispute this assertion. You state that the garment will be cut and sewn in Mexico of woolen fabric which is woven in Italy. The lining fabric, either, 100 percent polyester or an 80/20 polyester/rayon blend, will be woven in either Mexico of Mexican fibers, or in the United States, of U.S. fibers.

The applicable tariff provision for the trousers will be 6203.41.1810, Harmonized Tariff Schedule of the United States Annotated (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of wool or fine animal hair, trousers and shorts, other, other, trousers and breeches, men’s. The general rate of duty will be 45.2 cents/kg plus 17.7 percent ad valorem.

The merchandise does not qualify for preferential treatment as originating goods under the NAFTA because one or more of the non-originating materials used in the production of the garment will not undergo the change in tariff classification requited by General Note 12(t)62.03.

The trousers may be subject to a reduced rate of duty based upon the Tariff Preference Levels (TPL) established in Section XI, Additional U.S. Note 3(b), up to the annual quantities specified in subdivision (g)(i) of Additional U.S. Note 3. Upon completion of the required documentation and up to the specified annual quantities, the trousers may be eligible for the preferential rate of free.

The special statistical reporting number 9999.00.61, HTS, is required with the above classification for apparel goods imported from Mexico under the terms of Additional U.S. Note 3 to Section XI of the HTS.

Woven wool trousers fall within textile category designation 447. Based upon international textile trade agreements products of Mexico are subject to quota. They do not require 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 Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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