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NY L84241




May 23, 2005

CLA-2-61:RR:NC3:353 L84241

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.90.9090

Mr. Adolfo Salvidar
RM Customhouse Brokers, Inc.
4707 E Montana Ave Ste 203
El Paso, TX 79903

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of cuffs for disposable medical gowns from Mexico; Article 509

Dear Mr. Salvidar:

In your letter dated April 22, 2005, on behalf of Alba Health LLC, you requested a ruling on the status of cuffs for disposable medical gowns from Mexico under the NAFTA.

The submitted sample is a cuff for disposable medical gowns constructed of knit polyester fabric. The cylindrical-shaped cuff measures approximately 4¼ inches by 2½ inches when laying flat. There are two styles – OK4282 and OI5484.

There are two different manufacturing processes as follows:

Style OK4282

Mexico:

Fibers are extruded and the yarn is spun
The yarn is optically bright finished
Circular knit fabric is made by a circular knitting machine The fabric is cut to length by machine
The machine folds the piece of fabric in half so that one end of the tube is inside the other end, creating a folded edge and an unfinished edge The cuffs are bulk packed in plastic bags, placed inside shipping cartons and sent to the United States

Style OI5484

Taiwan:

Fibers are extruded

Pakistan:

Yarn is spun
The yarn is optically bright finished

United States:

Circular knit fabric is made by a circular knitting machine

Mexico:

The fabric is to length by machine
The machine folds the piece of fabric in half so that one end of the tube is inside the other end, creating a folded edge and an unfinished edge The cuffs are bulk packed in plastic bags, placed inside shipping cartons and sent to the United States

The applicable tariff provision for the cuffs, Styles OK4282 and OI5484, will be 6117.90.9090, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “knitted or crocheted parts of garments or clothing accessories: Parts: Other: Of man-made fibers.” The general rate of duty will be 14.6% ad valorem.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or

(iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because--

(A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or

(B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts,
provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note.

Based on the facts provided, the Style OK4282 cuffs described above qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUSA General Note 12(b)(iii). The goods will therefore be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

The Style OI5484 cuff does not qualify for preferential treatment under the NAFTA because none of the above requirements are met.

In addition, the Style OI5484 cuff may be subject to a reduced rate of duty based upon the Tariff Preference Levels (TPL) established in Section XI, Additional U.S. Note 3 (b), up to the annual quantities specified in subdivision (g) (i) (A) of Note 3. Upon completion of the required documentation and up to the specified annual quantities, Style OI5484 may be eligible for the preferential rate of Free.

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 and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski
Director,

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