CLA-2-58:S:N:N6:351 898355
Mr. Sidney Freidin
Sidney Freidin, Inc.
P.O. Box 1029
Laredo, TX 78042
RE: The tariff classification and status under the North American
Free Trade Agreement (NAFTA), of re-embroidered Leavers lace
fabric from Mexico.
Dear Mr. Freidin:
In your letter dated May 18, 1994, on behalf of your Encajes
Mexicanos, S.A. de C.V., Mexico, you requested a ruling on the
tariff classification and status under NAFTA, of re-embroidered
Leavers lace fabric from Mexico.
You have submitted a sample of re-embroidered Leavers lace
fabric identified as pattern Re-embroidered Volant 5102/SO. It is
a decorative open-work fabric with a floral design. The fabric is
made of 48.71 % polyamide, 30.12% viscose, 18.53% cotton and 2.64%
polyester. We assume that this breakdown is by weight, not value.
In the Mexican manufacture's statement submitted by your office on
June 3, 1994, the fabric is said to be made in Mexico on a Leavers
"knit" machine; we believe that the fabric is of real Leavers lace
construction, not raschel knitted construction. You also indicate
that the re-embroidery is done in Mexico. Re-embroidery consists
of sewing gimped yarns on to the base material to highlight and
outline the lace pattern. The fabric will be exported from Mexico
in the piece in widths of 33.5 inches.
The applicable subheading for the re-embroidered lace will be
5810.92.0080, Harmonized Tariff Schedule of the United States
(HTS), which provides for embroidery in the piece, in strips or
in motifs; other embroidery; of man-made fibers; other; other. The
duty rate will be 16 percent ad valorem.
This ruling on the issue of tariff classification is being
issued under the provisions of Section 177 of the Customs
Regulations (19 C.F.R. 177). 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.
Pursuant to Part 181 of the Customs Regulations (19 C.F.R.
181), a request for a ruling on the status of a product under NAFTA
must provide sufficient detail to permit proper application of the
relevant NAFTA provisions. In this case, we will require
additional information in order to issue a ruling on whether these
goods originate under NAFTA.
You have already indicated that the formation of the lace on
a Leavers machine, and the re-embroidery process, take place in
Mexico. To enable us to rule on whether these goods originate
under NAFTA, we will also need information on where the yarn was
spun, where the fibers (whether natural or man-made fibers) were
formed, and where all other processes between raw fiber and
finishing occurred.
As provided for in Section 181.94 of the Customs Regulations
(19 CFR 181.94), you may submit this additional information within
30 days of the date of this notice. Please address any
supplemental letter to this office, and refer to our file number
shown above.
If you have any questions in regard to this matter, please
contact National Import Specialist Jeff Konzet at 212-466-5885.
Sincerely,
Jean F. Maguire
Area Director
New York Seaport