NY 806186

March 31,1995


CLA-2-61:S:N:N5:356 806186

Ms. Maristella Iacobello
Phillips-Van Heusen Corporation
1290 Avenue of the Americas
New York, N.Y. 10104

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a man's knit sweater from Mexico; Article 509.

Dear Ms. Iacobello:

In your letter dated January 19, 1995 you requested a ruling on the status of a knit sweater from Mexico under the NAFTA.

Style number Som101 is a men's pullover sweater constructed from 100 percent cotton knit fabric which measures 7 stitches per two centimeters counted in the horizontal direction. The sweater features long sleeves with rib knit cuffs; a V-neckline; embroidery on the left chest; and a rib knit waistband.

You have indicated in your letter that the cotton used to make the sweater is grown and spun into yarn in the United States. In Mexico, the yarn is dyed and knit to shape, and then assembled to form the sweater.

As requested, your sample is being returned.

The applicable tariff provision for the sweater will be 6110.20.2010, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for sweaters, pullovers, sweatshirts, waistcoats (vests) and similar articles, knitted and crocheted, of cotton: other: other: sweaters: men's. The general rate of duty will be 20.3 percent ad valorem.

The sweater, being wholly obtained or produced entirely in the territories of Mexico and the United States, will meet the requirements of HTSUSA general Note 12(b) (i), and will be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

Sincerely,

Jean F. Maguire
Area Director
New York Seaport