CLA-2-56:OT:RR:NC:N3:351
Mr. Chris Howell
The Pulsera Project
449 Fleming Avenue, Unit C
Charleston, NC 29412
RE: The tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of textile cordage bracelets from Nicaragua.
Dear Mr. Howell:
In your letter dated January 19, 2016, you requested a ruling on tariff classification and status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA) of textile cordage bracelets. Samples of the bracelets were submitted and as requested, will be returned to you.
The subject 4 items are traditional Nicaraguan (pulseras) bracelets. The fiber composition of each bracelet is 100% wax polyester yarns manufactured in El Salvador or Guatemala. The pulseras are handmade in Nicaragua. Pulsera Style A is composed of several multicolored polyester yarns measuring 6" in length. Pulsera Style B has three different varieties all of which are composed of multi colored polyester yarns that are handmade by twists and knots to form intricate designs. One is more loosely knotted and thicker, the second is more intricate and uses smaller nylon yarns to create its pattern and the third is tightly knotted. The pulseras all measure 6" in length and the widths vary between ½" and 1". All of the pulseras are slip knotted and tied at both ends and the ties are used to affix the bracelets to the wrist.
In your letter, you suggest that the pulseras be classified under subheading 6217.10.9530, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212; Accessories: other: other, of man-made fibers. However, we consider these items to be articles of cordage and not fabric; therefore, the pulseras cannot be considered a clothing accessory.
The applicable subheading for the pulseras, Styles A and B will be 5609.00.3000, HTSUS, which provides for articles of yarn, strip or the like of heading 5404 or 5405, twine, cordage, rope or cables, not elsewhere specified or included: Of man-made fibers. The rate of duty will be 4.5 percent ad valorem.
You assert that the pulseras are eligible for preferential duty treatment under the DR-CAFTA as originating goods pursuant to General Note 29 (b)(iii).
General Note 29,HTSUS, sets forth the criteria for determining whether a good is originating under the DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if— (i)the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the Agreement; (ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and— (A) each of the nonoriginating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or (B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note; and the good satisfies all other applicable requirements of this note; or (iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.
Based on the facts provided, pulseras, Styles A and B quality for DR-CAFTA preferential treatment because they meet the requirements of HTSUS General Note 29(b)(iii). The pulseras were produced entirely in the territories of one or more the parties to the Agreement exclusively from originating materials. The merchandise will therefore be entitled to a free rate of duty under the DR-CAFTA upon compliance with all applicable laws, requlations and agreements.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of originating status or country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2. 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, Commercial Rulings Division, Headquarters, U.S. Customs and Border Protection, Regulations & Rulings, 799 9th Street N.W. - 7th floor, Washington, DC 20229-1177.
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 Adleasia Lonesome at [email protected].
Sincerely,
Deborah C. Marinucci
Acting Director
National Commodity Specialist Division