CLA-2-62:RR:NC:WA:355 F84013
Mr. John Brew
Collier, Shannon, Rill & Scott, PLLC
3050 K Street, N.W., Suite 400
Washington, D.C. 20007
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of men’s wool suits from Canada; Article 509
Dear Mr. Brew:
In your letter dated March 1, 2000, you requested a ruling on the status of men’s suits from Canada under the NAFTA. This request was submitted on behalf of Peerless Clothing, Inc. (Peerless).
You provided the following information in your submission:
You state that Peerless will manufacture men’s wool suits, with visible lining fabric, in Canada for export to the United States. The suits are made of wool fabric which was woven in Mexico, into fabric of heading 5112.11, from yarn which was spun in Mexico. You do not state the origin of the wool fiber; we will assume for purposes of this ruling that the wool fiber of heading 5101 was imported from a non-NAFTA country. The visible lining fabric is made in Germany of a blend of 55 percent cuprammonium and 45 percent viscose rayon filament yarn, classifiable under subheading 5408.22.1000.
The applicable tariff provision for the suit will be 6203.11.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men’s suits of wool or fine animal hair, other. The general rate of duty will be 21.2 cents/kg. plus 18.9 percent ad valorem.
With regard to the lining fabric, General Note 12(t)62.9, of the HTUSA requires that for garments classified under subheading 6203.11.2000 the visible lining fabric in chapter rule 1 for Chapter 62 must satisfy the tariff change requirements provided therein. However, the rule makes an exception for any fabric classified in subheading 5408.22.1000.
With regard to the wool outer shell fabric, General Note 12(t)62.9 allows for a change from heading 5101.
Thus, each of the non-originating materials used to make the suit has satisfied the changes in tariff classification required under General Note 12(t)62.9. The merchandise will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.
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 355 at 212-637-7082.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division
Pre-transmitted 3/14/2000 10:44 AM