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NY N024791




April 7, 2008

CLA-2-61:OT:RR:NC:TA:348

CATEGORY: CLASSIFICATION

TARIFF NO.: 6217.90.9085

Stephen B. Zisser
Zisser Customs Law Group
2297 Niels Bohr Court #114
San Diego, CA 92154

RE: Classification and country of origin determination for a ballistic panel; 19 CFR 102.21(c)(2); tariff shift; the status under the North American Free Trade Agreement (NAFTA); Article 509.

Dear Mr. Zisser:

In your letter dated March 10, 2008, on behalf of Safariland, Ltd., you requested a ruling on the status of ballistic panels under the NAFTA.

You provided illustrative material of Model MLAW-II-LGL, a ballistic panel, constructed of an outer shell of woven Gore-Tex fabric with a plastic backing. The outer shell surrounds three inner ballistic layers of woven Kevlar fabric. The ballistic chest panel will be sold in the United States as a replacement panel for a ballistic vest garment.

The manufacturing operations for Model MLAW-II-LGL are as follows:

Kevlar fabric and components, originating in the United States, are shipped to Mexico.

The Gore-Tex fabric originating from China is shipped to Mexico.

In Mexico, the Gore-Tex fabric is cut and assembled as an outer shell around the three inner ballistic layers of Kevlar fabric.

The applicable tariff provision for Model MLAW-II-LGL will be 6217.90.9085, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garments or of clothing accessoriesparts: other, other: of man-made fibers. The general rate of duty will be 14.6 percent.

The Model MLAW-II-LGL falls within textile category 659. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. 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 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.

Chapter 62, Chapter rule 3 states in pertinent part:

For purposes of determining whether a good of this chapter is originating, the rule applicable to that good shall only apply to the component that determines the tariff classification of the good and such component must satisfy the tariff change requirements set out in the rule for that good.

The component that determines the classification of the good is the outer shell composed of woven Gore-Tex fabric. The applicable tariff heading for Gore-Tex fabric is 5903.

For goods classified in heading 6217, General Note 12/62.38 requires:

A change to headings 6213 through 6217 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 oe 5310 through 5311, chapter 54, headings 5508 through 5516, 5801 through 5802 or 6001 through 6006, provided that the good is both cut or sewn or otherwise assembled in the territory of one or more of the NAFTA parties.

Based on the facts provided, Model MLAW-II-LGL, qualifies for NAFTA preferential treatment, because they meet the requirements HTSUS General Note 12(b)(ii)(A). The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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/.

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 Rosemarie Hayward at 646-733-3064.

Sincerely,

Robert B. Swierupski
Director,

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