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NY I88702




December 11, 2002

CLA-2-63:RR:NC:N3:351 I88702

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9889

Charlene Smith
Customer Service Representative
Phantom Mfg. (Int’l) Ltd.
P.O. Box 1907
Sumas, WA 98295-1907

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

Dear Ms. Smith:

In your letter dated December 6, 2002, which is a follow-up to your letter of October 29, 2002, you requested a ruling on the status of replacement screens made from your Pyrotone and Sun Tex 80 mesh fabrics under the NAFTA. The replacement screens are made in Canada. We note that we responded on the classification and NAFTA status of the Pyrotone items in our ruling I88302 of December 2, 2002.

You have now submitted further information on the Sun Tex 80 fabric to go with the samples previously submitted. You state that it is vinyl-coated polyester; such fabrics are classified in heading 5903, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for textile fabrics impregnated, coated, covered or laminated with plastics.

The applicable tariff provision for the replacement screens made from the Sun Tex 80 screening will be subheading 6307.90.9889, HTS, which provides for other made up textile articles, other. The general rate of duty in both 2002 and 2003 will be seven percent ad valorem.

NAFTA

Your letter is not clear regarding the origin of the merchandise. However, in your previous ruling request, you submitted certificates of origin showing that Phantom imports these woven fabrics from the United States. You cut the fabric to size for the screen frames and add a zipper. These replacement screens can then be inserted into existing frames. We assume this process applies to the Sun Tex 80 fabrics.

Regarding the NAFTA eligibility of merchandise classifiable in subheading 6307.90.9889, General Note 12(t)/63(4), HTS, requires the following:

A change to headings 6304 through 6310 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapters 54 through 55, or headings 5801 through 5802 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

In the same citation, Chapter Rule 1 states:

For purposes of determining the origin of a good of this chapter, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.

It is the Sun Tex fabric which determines the tariff classification of the replacement screens and so only it need be considered under this rule. The Sun Tex 80 fabric (which would be classified in heading 5903, HTS, and is cut and assembled in Canada) has satisfied the changes in tariff classification required under GN 12(t)/63(4). Thus, the replacement screens made from this fabric will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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 Mitchel Bayer at 646-733-3102.

Sincerely,

Robert B. Swierupski
Director,

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