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NY M80495




February 16, 2006

CLA-2-61:RR:NC:WA:358 M80495

CATEGORY: CLASSIFICATION

TARIFF NO.: 6110.30.3059; 9802.11.27

Mr. Tom Gould
Zisser Group
3807 West Sierra Highway #4420
Acton, CA 93510

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for girls’ garments from El Salvador.

Dear Mr. Gould:

This ruling replaces NY L87519, which was sent to you in error. That letter was a preliminary working draft copy of the final ruling and contained text that was inconsistent with the completed ruling. A corrected ruling follows.

In your letter dated September 7, 2005, you requested a ruling on the tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) for four girl’s pullovers, Styles JDF5611, JDF5610, JDF5609 and JDF5410. This request was made on behalf of L’Koral Industries. This ruling was delayed pending a response from our Customs laboratory. We apologize for any inconvenience this may have caused you.

Styles JDF5611, JDF5610 and JDF5609 have long sleeves. Style JDF5410 has short sleeves. Styles JDF5410 and JDF 5411 have pieced fabric below the bodice that is defined by sewn down fabric drawstrings which tie together either in the front or in the back. Styles JDF5609 and JDF5610 have separate rib knit fabric at the neck, sleeve cuffs and waist. All garments have screen-printed embellishments with sewn-on sequin and bead designs. The major garment components are made of polyester crushed panne fabric that is made on a circular knitting machine. The submitted samples are girls’ size 8.

L’Koral Industries will purchase the crushed panne fabric from a company in the United States. The company in the United States will purchase the fabric from a mill in Taiwan and import the fabric into the United States. The mill in Taiwan will knit the fabric in Taiwan from Taiwan origin yarn. In a telephone conversation dated February 3, 2006, you state the rib knit fabric is wholly formed in the United States from U.S. origin fibers and U.S. origin yarns.

L’Koral Industries will export the fabric to El Salvador where it will be cut and sewn into garments. The finished garments will be imported directly into the United States.

The applicable subheading for the pullovers, Styles JDF5611, JDF5610, JDF5609 and JDF5410 will be 6110.30.3059, Harmonized Tariff Schedule of the United States (HTSUS), which provides for pullovers and similar articles, knitted or crocheted, of man-made fibers, other, women’s or girls. The general rate of duty is 32% ad valorem.

You inquire whether the four pullovers are eligible for preferential tariff treatment under the CBTPA based on articles assembled from fabric not formed in the United States as identified in NAFTA short supply.

You specifically ask whether the pullovers will meet the eligibility requirements of the “short supply” provision. The provision commonly referred to as the “NAFTA short supply” provision is contained in subheading 9820.11.27, of the Harmonized Tariff Schedule of the United States (HTSUS). Subheading 9820.11.27, HTSUS, provides as follows:

Subheading 9820.11.27, HTSUS, provides for the duty-free entry of:

Articles imported from a designated beneficiary Caribbean Basin Trade Partnership country enumerated in general note 17(a) to the tariff schedule: Apparel articles both cut (or knit-to-shape) and sewn or otherwise assembled in one or more such countries from fabrics or yarn designated by the appropriate U.S. government authority in the Federal Register as fabrics or yarn not available in commercial quantities in the United States, under any terms as such authority may provide.

In Presidential Proclamation 7351, the President proclaimed that this treatment would apply to such apparel articles of fabrics or yarns designated by the appropriate U.S. government authority in the Federal Register. In Executive Order 13191, of January 17, 2001, published in the Federal Register on January 22, 2001 (66 Fed. Reg. 14) implementing the CBPTA, the President authorized the Committee for the Implementation of Textile Agreements (CITA) to determine whether particular yarns or fabrics cannot be supplied by the domestic industry in commercial quantities in a timely manner.

CITA designated as eligible for preferential treatment under subheading 9820.11.27 of the HTSUS, for purposes of the CBTPA, "apparel articles that are both cut and sewn or otherwise assembled in one or more eligible CBTPA beneficiary countries, provided the fabric of the outer shell is of crushed panne velour fabric wholly of polyester, of circular knit construction, classified in subheading 6001.92.00 (statistical reporting number 6001.92.0030) of the HTSUS and that all other fabrics are wholly formed in the United States from yarns wholly formed in the United States, that are imported directly into the customs territory of the United States from an eligible CBTPA beneficiary.

Only the rib knit fabric used in the manufacture of styles JDF5410 and JDF5611 is formed in the U.S. or a CBTPA beneficiary country.

Based upon the information you supplied, the girl’s pullovers, meet the requirements of subheading 9820.11.27 for free duty treatment under the CBTPA assuming it is cut and sewn in El Salvador.

Girls’ man-made fiber knit pullovers fall within textile category designation 639. Based upon international textile trade agreements products of El Salvador are not subject to quota and do not require a visa.

Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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