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NY I80869




May 17, 2002

CLA-2-62:RR:NC:TA:I80869 361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6108.32.0010

Mr. Rodney Ralston, Customs Consultant
Trans-Border Customs Services, Inc.
One Trans-Border Drive
P.O. Box 800
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of women’s knit pajamas from Canada; Article 509

Dear Mr. Ralston:

In your letter dated February 9, 2002, with additional information provided in your letter of April 15, 2002, you requested a ruling on the classification and status of women’s knit pajamas from Canada under the NAFTA on behalf of Milgram Freight Services, Inc. The sample will be returned, as you requested.

Style 4037 is a pair of women’s knit pajamas. The pajamas are made up of a knit mesh fabric, and knit openwork fabric. The mesh fabric is composed of 82 percent nylon, 18 percent spandex fibers. The openwork fabric is composed of 85 percent nylon, 15 percent spandex fibers. The pajama top is a camisole styled garment with elasticized, adjustable shoulder straps, and overlock stitching to finish the bottom and create a “lettuce edge.” The bodice of the top is made of the openwork fabric, the balance is mesh. The pajama bottom is a thong styled panty-like garment with a cotton crotch.

In your request, you indicated that the openwork fabric will be manufactured in France from French yarns and fibers. The mesh fabric will be made of US fibers, yarns and fabric. The pajamas will then be cut and assembled in Canada.

The applicable tariff provision for style 4037 will be 6108.32.0010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for Women’spajamas knitted or crocheted: Of man-made fibers. The general rate of duty will be 16.2 percent ad valorem.

Style 4037 falls within textile category designation 651. Based upon international textile trade agreements garments from Canada are not 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.

The merchandise 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, specifically, the openwork fabric from France, will not undergo the change in tariff classification required by General Note 12(t)/61.33, HTSUSA.

This item may, however, qualify for a preferential duty rate under the Tariff Preference Levels (TPL) defined in the HTSUSA, section XI, additional U.S. note 3(a). Since the garments will be cut and sewn in Canada, they would qualify for the reduced rate up to the quantity specified in note 3(f) provided that a Certificate of Eligibility accompanies the imported merchandise.

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 Angela DeGaetano at 646-733-3052.

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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