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NY L81269




January 13, 2005

CLA-2-61: RR:NC:TA:361 L81269

CATEGORY: CLASSIFICATION

TARIFF NO.: 6109.10.0070

Ms. Janice Sarmiento
McNaughton Apparel Group, Inc.
498 Seventh Avenue, 9t Floor
New York, NY 10018

RE: The status under the United States-Caribbean Basin Trade Partnership Act (CBTPA) of a woman’s garment, similar to a tank top, from Guatemala.

Dear Ms. Sarmiento:

In your letter of December 10, 2004, you requested a letter on CBTPA eligibility for a woman’s garment, similar to a tank top. The garment was originally classified in ruling NY K89983. The sample will be returned as requested.

Style ASHYXR is a woman’s garment, similar to a tank top, constructed from 95 percent cotton, five-percent spandex knit fabric. The garment will be imported with a base metal pin, classified as a set with the garment.

You state that the sourcing/manufacturing process for the garment will be as follows: Body fabric – US Yarn, formed in US
Sewing thread - Guatemala
Narrow fabric elasticized strip with spandex – Yarn and fabric from Guatemala Base metal pin – classified as a set with the garment - China Fabric will be cut and assembled into a completed garment in Guatemala

9820.11.09:
Apparel articles (other than socks provided for in heading 6115 of the tariff schedule) knit to shape in such a country from yarns wholly formed in the United States; knitted or crocheted apparel articles (except t-shirts, other than underwear, classifiable in subheadings 6109.10.00 and 6109.90.10 and described in subheading 9820.11.12) cut and wholly assembled in one or more such countries from fabrics formed in one or more such countries or from fabrics formed in one or more such countries and the United States, all the foregoing from yarns wholly formed in the United States (including fabrics not formed from yarns, if such fabrics are classifiable in heading 5602 or 5603 of the tariff schedule and are formed in one or more such countries) and subject to the provisions of U.S. note 2(b) to this subchapter

As provided for in U.S. Note 1, Subchapter XX of Chapter 98, HTSUS, Guatemala is a designated beneficiary sub-Saharan African country.

In accordance with HQ ruling 562309, non-originating, non-textile items would not disqualify an otherwise eligible garment.

However, as noted below, the spandex strip used to gather the shoulder straps is not considered a finding or trimming in accordance with US note 3 to subchapter XX, chapter 98 which states, in pertinent part: 3. (a) An article otherwise eligible for preferential treatment under any provision of this subchapter shall not be ineligible for such treatment because the article contains- (i) findings or trimmings of foreign origin, if the value of such findings and trimmings does not exceed 25 percent of the cost of the components of the assembled article; (b) For purposes of subdivision (a)(i) above, findings or trimmings eligible under such subdivision include sewing thread, hooks and eyes, snaps, buttons, “bow buds”, decorative lace trim, elastic strips, and zippers (including zipper tapes) and labels and other similar products. Elastic strips are considered findings or trimmings only if they are each less than 2.54 cm in width and used in the production of brassieres. (emphasis added)

Therefore, the narrow fabric strip must conform to the requirements of 9820.11.09, and the fabric must be made from US yarns. Since the yarns of that fabric strip are made in Guatemala, the garment is ineligible for CBTPA treatment.

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

A copy of this ruling letter 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 this ruling, contact National Import Specialist Angela DeGaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director

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