CLA-2-62:OT:RR:NC:TA:348
Mr. Patrick Caulfield
Grunfeld, Desiderio, Lebowitz
Silverman & Klestadt LLP
399 Park Avenue
25th Floor
New York, NY 10022
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of jackets from Canada; Article 509
Dear Mr. Caulfield:
In your letter dated, November 5, 2009, on behalf of your client, Zeco Trading, S.A., you requested a ruling on the status of jackets from Mexico under the NAFTA.
The submitted sample is a men’s suit-type jacket constructed from 95% wool, 5% silk, woven fabric. The garment is constructed from six panels sewn together lengthwise and features a notched collar with lapels; a full front opening with two button closures; long, hemmed sleeves with four buttons on the sleeve placket; a welt pocket on the left chest; two welt pockets below the waist; three inner welt pockets on the left front panel; an inner welt pocket on the right front panel with a button closure; a full lining of 100% filament dyed cuprammonium rayon woven fabric; and a hemmed bottom with curved edges on the front panels and a back vent.
The applicable subheading for the garment will be 6203.31.9020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, . . . suit-type jackets and blazers: of wool or fine animal hair: other: other. The duty rate is 17.5% ad valorem.
You also submitted a swatch of fabric identified as pattern "AK7080". It is a dyed woven fabric composed of 100% filament cuprammonium rayon. It contains 44 single yarns per centimeter in the warp and 33 single yarns per centimeter in the filling. This fabric weighs 76 g/m2 and will be imported in 122-centimeter widths. Your correspondence indicates that this fabric is composed of non-textured filament rayon and will be used for lining in the jacket.
The applicable subheading for AK7080 will be 5408.22.10000, HTSUS, which provides for woven fabrics of artificial filament yarn, including woven fabrics obtained from materials of heading 5405, other woven fabrics, containing 85 percent or more by weight of artificial filament or strip or the like, dyed, of cuprammonium rayon. The duty rate will be 14.9 % ad valorem.
Your inquiry does not provide enough information for us to determine whether or not the garment is eligible for NAFTA. Your request for a NAFTA ruling should include the following:
Please provide the generic name of each fiber and its country of origin. Indicate whether the fiber is staple or filament. Also provide the weight for each generic fiber treating the staple and filament as separate materials. For example:
25% staple polyester
25% filament polyester
25% filament polypropylene
25% staple polypropylene
Provide the country of origin for the fabric.
Provide the country where the garment will be produced (i.e. cut, sewn and assembled).
Provide the country of export.
When this information is available, you may wish to consider resubmission of your request. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.
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 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 classification of the jacket, contact Mary Ryan at (646) 733-3271. If you have any questions regarding the classification of the fabric, contact Maribeth Dunajski at (646) 733-3045.
Sincerely,
Robert B. Swierupski
Director
National Commodity Specialist Division