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NY N016715





September 24, 2007

CLA-2-54:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 5407.72.0015

Michael Pipitone
John F. Kilroy Co., Inc.
One Cross Island Plaza, Suite 203E
Rosedale, NY 11422

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

Dear Mr. Pipitone:

In your letter dated August 30, 2007, on behalf of your client, Croscill Home Fashions, you requested a ruling on tariff classification and NAFTA preferential treatment of polyester/nylon fabric from Mexico.

The submitted sample is identified as style name “Rice Paper”. It is composed of 80% filament polyester and 20% filament nylon. The fabric is a non-textured polyester plain woven fabric dyed a uniformed color. It contains 62 single yarns per centimeter in the warp and 24 single yarns per centimeter in the filling. This merchandise weighs 80 g/m2 and will be imported in 125-centimeters widths.

According to your submission the polyester yarns are produced in the United States and the nylon yarns are produced in Poland. The weaving, warping, dyeing and finishing are performed in Mexico.

The applicable tariff provision for the fabric will be 5407.72.0015, Harmonized Tariff Schedule of the United States (HTSUS), which provides for woven fabrics of synthetic filament yarn, including woven fabrics obtained from materials of heading 5404, other woven fabrics, containing 85% or more by weight of synthetic filaments, dyed, weighing not more than 170 g/m2. The rate of duty will be 14.9%

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/.

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 non-originating 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.

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

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 Rosemarie Hayward at 646-733-3064.

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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