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NY I84260




August 19, 2002

CLA-2-62:RR:NC:3:353 I84260

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.90.9085

Mr. Ralph Saunders
Deringer Logistics Consulting Group
1 Lincoln Blvd., Suite 226
Rouses Point, NY 12979

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) and Tariff Preference Levels (TPL), of shoulder pads from Canada; Article 509

Dear Mr. Saunders:

In your letter dated July 18, 2002, on behalf of Parapad Inc., you requested a ruling on the status of shoulder pads from Canada under the NAFTA.

The submitted samples consist of shoulder pads Styles 930, 2050, 1037, 2062 and 2076 for suit-type jackets. Each shoulder pad is made of a number of components that have been sewn together. Each component is made of one of three fabrics, 100% polyester felt fabric, woven hymo fabric and woven cotton fabric. Styles 930, 2061 and 2076 are made from components of felt and “hymo” fabrics. Styles 2050 and 1037 are made from components of felt, “hymo” and cotton fabrics. “Hymo” fabrics are a brand of fabrics made of different materials. All of the “hymo” fabrics for the submitted samples are chief weight man-made fibers. Styles 930 and 1037 are a combination of man made fibers, cotton, animal hair and wool; Styles 2050 and 2061 are a combination of man made fibers, cotton and animal hair; Style 2076 is a combination of man made fibers and cotton.

The felt fabric is formed in Canada. The “hymo” fabric is formed in Germany. The cotton fabric is formed in China. The fabric is cut to shape into components in Canada, and then the components are sewn into shoulder pads in Canada.

Styles 930, 2061 and 2076 are made entirely of man made fiber fabric components (felt and “hymo”). Styles 2050 and 1037 are made of man made fiber (felt and “hymo”) and cotton components. All of the components are of equal important to the shoulder pads. All five items will be classified at the 10-digit level as being of man made fiber fabric.

The applicable tariff provision for Styles 930, 2050, 1037, 2062 and 2076 will be 6217.90.9085, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Parts: Other, Other: Of man-made fibers.” The general rate of duty will be 14.8% ad valorem. .
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 will not undergo the change in tariff classification required by General Note 12(t)/62.38, HTSUSA. It requires “A change to headings 6213 through 6217 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54, or headings 5508 through 5516, 5801 through 5802 or 6001 through 6006, provided that the good is both cut and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.” The hymo fabric formed in Germany and the cotton fabric formed in China are classified under excepted headings. The shoulder pads are not NAFTA eligible.

However, the shoulder pads have been cut to shape and been sewn or otherwise assembled in Canada. The shoulder pads meet the requirements of Additional U.S. Note 3(a), and are eligible for tariff preference levels (TPL).

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 Kenneth Reidlinger at 646-733-3053.

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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