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NY N003361




November 17, 2006

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6105.10.0030

Mr. Emilio Jose Herrera
Textile Management
Trans America Textil El Salvador
Olocuilta, Department of La Paz, Building 7A Miramar Free Zone Kilometer 30 ½ Highway to Salvadoran International Airport

RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of a boy’s polo shirt from El Salvador

Dear Mr. Herrera:

In your letter dated October 31, 2006, on behalf of your client Devanlay US Inc., 500 Washington Avenue, Carlstadt, New Jersey 07072,you requested a ruling on the classification and status of a boy’s shirt from El Salvador under DR-CAFTA.

The submitted garment, Style L-1812-51, is a boy’s Lacoste™ brand polo shirt. It is made of pique knit cotton fabric that measures at least 10 stitches per centimeter in the horizontal and vertical directions. The shirt has a rib knit flat collar, a two button placket opening at the neckline that fastens left over right, set-in short sleeves with rib knit openings and a hemmed bottom. For ruling purposes it is assumed the shirt is sized for boys 2-20.

You describe the production as follows in portions of your letter excerpted below:

The shirts will be manufactured in El Salvador from 100% United States origin Pima yarn. The U.S. origin yarn is purchased from Buhler Quality Yarns Corp., Jefferson, Georgia 30549 by Industrias Duraflex S.A. de C.V., El Salvador, which manufactures the fabric and the sends it to CCC S.A. de C.V., El Salvador, which cuts the fabric and later sends it to Manufacturas del Rio, S.A. de C.V., El Salvador, which is in charge of sewing every component of the garment.

The applicable tariff provision for the boy’s knit shirt, Style L-1812-51, will be 6105.10.0030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for boys’ shirts, knitted or crocheted, of cotton, boys’ other. The general rate of duty is 19.7 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Boys’ cotton knit shirts fall within textile category 338. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

General Note 29(b), HTSUS, sets forth the criteria for determining whether a good is originating under DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if--

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the agreement, and--

(A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

The merchandise appears to qualify for preferential treatment under DR-CAFTA because it will be wholly obtained or produced entirely in the territory of one or more DR-CAFTA countries, that is El Salvador and the United States, exclusively from originating materials.

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.

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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