CLA-2-61:RR:NC:TA:N3:356 E84670
Ms. Julie Dausman
Ex-Officio, Inc.
1419 Elliott Avenue West
Seattle, WA 98119
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of knit garments from Canada; Article 509.
Dear Ms. Dausman:
In your letter dated July 1, 1999, and in subsequent correspondence dated July 20, 1999, you requested a ruling on the status of a men’s knit suit-type jacket from Canada under the NAFTA.
Style 151-1400 is a men's, tailored, hip length, suit-type jacket which is described as a “Travel Blazer”. The garment is constructed from 100 percent polyester, finely knit fabric which is napped on the outside surface. The body of the garment is lined with 100 percent polyester mesh knit fabric and the sleeves are lined with 100 percent nylon woven fabric.
Style 151-1400 consists of six panels sewn together lengthwise (two at the back, two at the side and two in front). The garment features a V-neckline; a full front opening with three button closures; a notched collar with lapels and a button closure; long, hemmed sleeves with a two decorative buttons; a patch pocket on the left chest; two patch pockets below the waist; a zippered pocket inside the left patch pocket; a vertical zippered pocket on the inside left panel; an inset chest pocket on the inside right panel; a zippered pocket with a key tether on the inside lower right panel; and a straight, hemmed bottom.
You have stated in your correspondence that the polyester fabric is constructed of filament fibers from South Korea that will be spun into yarn in South Korea. The yarns will be sent to the United States where they will be knit into fabric. The fabric will be then sent to Canada, where it will be cut, sewn, and assembled into garments.
The applicable subheading for Style 151-1400 will be 6103.33.2000, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men’s or boys’ suits, ensembles, suit-type jackets, blazers, ..., knitted or crocheted: suit-type jackets and blazers: of synthetic fibers: other. The general rate of duty will be 29.1 percent ad valorem.
Style 151-1400 falls within textile category designation 633. Based upon international textile trade agreements, products of Canada are subject to quota restraints.
The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.
The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials, specifically the filament fibers used in the production of the goods, will not undergo the change in tariff classification required by General Note 12(t)/61.9, HTSUSA.
These garments may qualify for a preferential duty rate under the Tariff Preference Levels (TPL) defined in the HTSUSA, section XI, additional U.S. note 3 (a), up to the quantity specified in note 3(f) provided the merchandise is accompanied by a Certificate of Eligibility. Garments that qualify for preferential duty rates under the TPL may still be subject to quota requirements.
The special rate of duty for Style 151-4000 from Canada is free.
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 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 this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.
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, Office of Regulations and Rulings, U.S. Customs Service, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division