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NY K89037




September 20, 2004

CLA-2-98:RR:NC:3:353 K89037

CATEGORY: CLASSIFICATION

TARIFF NO.: 6214.20.0000

Me. Joseph R. Hoffacker
Barthco Trade Consultants
7575 Holstein Avenue
Philadelphia, PA 19153

RE: The tariff classification of and duty status under the AGOA of a scarf from South Africa.

Dear Me. Hoffacker:

In your letter dated August 26, 2004 you requested a ruling on the tariff classification and duty status under the African Growth and Opportunity Act (AGOA). As requested, the sample will be returned to you.

The submitted sample is a scarf that you state is hand-woven on a loom and is constructed of 56% wool, 39% mohair and 5% nylon. The one-piece scarf measures approximately 66 inches x 15 inches and has a fringe on both ends.

The applicable subheading for the scarf will be 6214.20.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for “Shawls, scarves, mufflers, mantilla, veils and the like: Of wool or fine animal hair.” The general rate of duty will be 3.9 percent ad valorem.

You state that all the materials used to make the scarf originated in South Africa and the scarf was hand woven on a loom in South Africa. You ask whether the scarf would be eligible for a reduced rate of duty under the AGOA. You suggest classification under subheading 9817.11.27 or 9819.11.09

Subheading 9817.11.27 is for “Handloomed, handmade or folklore textile and apparel goods, under the provisions of U.S. note 4 to this subchapter.” Subheading 9817.11.27 must meet the requirements of U.S. Note 4 to the subchapter, which states “For purposes of subheading 9817.11.27, goods entered under this provision must be certified, by a competent authority of a designated beneficiary country enumerated in U.S. Note 1 to this subchapter, as eligible products of that country, in accordance with ant requirements established by the appropriate U.S. government authority.” The U.S. and South Africa have not certified a competent authority for this subheading. Therefore, the scarf is not eligible for treatment under 9817.11.27.

Subheading 9819.11.09 is for “Apparel articles wholly assembled in one or more such countries from fabric wholly formed in one or more such countries from yarn originating in either the United States or one or more such countries (including fabrics not formed from yarns, if such fabrics are classifiable under heading 5602 or 5603 and are wholly formed and cut in one or more such countries), or from components knit-to-shape in one or more such countries from yarns originating either in the United States or in one or more such countries, or apparel articles wholly formed on seamless knitting machines in such a country from yarns originating either in the United States or one or more such countries, subject to the provisions of U.S. note 2 to this subchapter. “ Your inquiry does not provide enough information for us to give an AGOA determination regarding eligibility under subheading 9819.11.09. Your request for an AGOA determination should include the country of origin of each yarn.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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.

Sincerely,

Robert B. Swierupski
Director,

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