CLA-2-63:RR:NC:TA:354 C88292
Mr. Christopher J. Ryan
Lakeland Industries, Inc.
711-2 Koehler Avenue
Ronkonkoma, New York 11779-7410
RE: The tariff classification and status under the North American
Free Trade Agreement (NAFTA), of gloves and an arm protector
from Mexico; Article 509
Dear Mr. Ryan:
In your letter dated May 20, 1998, you requested a ruling on
the classification and status of apparel from Mexico under the
NAFTA.
Two samples were submitted for classification. Model 2300 is
a string knit glove constructed of kevlar yarn with a ribbed knit
elasticized cuff.
The 4000 series knit sleeve is a snug and rugged arm protector
constructed of knitted kevlar material. The arm protectors are
available with thumbhole and thumbstitch options in lengths up to
31 inches.
You have indicated that the fiber and yarns for both articles
will be made in United States, followed by knitting and production
in Mexico.
The applicable subheading Model 2300 will be 6116.93.8800,
Harmonized Tariff Schedule of the United States (HTSUSA), which
provides for Gloves, mittens and mitts, knitted or crocheted:
other: of synthetic fibers: other: other: without fourchettes. The
duty rate will be 19.3 percent ad valorem.
The applicable subheading for 4000 series knit sleeve will be
6307.90.9989, HTS, which provides for Other made up articles,
including dress patterns: other: other . . . other: other. The
general rate of duty will be 7 percent ad valorem.
All styles, being made entirely in the territories using
materials which themselves were originating, will satisfy the
requirements of HTSUSA General Note 12(b)(iii). The glove is
entitled to a 3.1 percent rate of duty and the arm protector is
entitled to a free rate of duty under the NAFTA upon compliance
with all applicable laws, regulations, and agreements.
In your letter you also questioned the tariff classification
of a finished garment made of woven fabric (HTS 5407.61.9945).
Please be advised that in order to classify any wearing apparel
item, a sample must be submitted for review.
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 Brian Burtnik at 212-466-5880.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division