CLA-2-51:RR:NC:TA:352 F88754
Mr. Sidney Freidin
Sidney Freidin, Inc.
1119 Santa Isabel Avenue
P.O. Box 1029
Laredo, Texas 78042
RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of wool and wool blend satin woven billiard fabrics from Mexico; Article 509
Dear Mr. Freiden:
In your letter dated June 20, 2000, on behalf of your client Carlos Egry, S.A. de C.V., you requested a ruling on the status of wool woven billiard cloth from Mexico under the NAFTA.
Two samples of woven billiard cloth accompanied your request for a ruling. Style 0121 is a satin woven fabric composed of 100% combed wool. Weighing 350 g/m2, this product will be imported in 160 centimeter widths. Your correspondence indicates that this item which has been dyed green will be used as the covering for a billiard table. Style 0122 is a satin woven fabric composed of 65% combed wool and 35% staple nylon. Weighing 350 g/m2, this product will be imported in 160 centimeter widths. Your correspondence indicates that this item which has been dyed green will be used as the covering on a billiard table.
Your letter indicates that the wool used in the manufacture of these fabrics is produced in either Argentina or Australia. The wool is harvested, degreased, carbonized, washed and combed in one of these countries and then shipped to Mexico in the form of wool tops. In the case of style 0121 the wool is then spun into yarns in Mexico, the yarns are woven into fabric, the fabric is dyed and finished into the final billiard fabric. In the case of style 0122, the wool is first combined in Mexico with nylon staple fiber which has been produced in the United States and shipped to Mexico. Then the fiber is spun into yarn, the yarns are woven into fabric, and the fabric is dyed and finished in Mexico.
The applicable tariff provision for the billiard fabric designated as style 0121 will be 5112.19.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of combed wool or combed fine animal hair, containing 85 percent or more by weight of wool or of fine animal hair, other, tapestry fabrics and upholstery fabrics. The general rate of duty will be 7 percent ad valorem.
The applicable tariff provision for the billiard fabric designated as style 0122 will be 5112.30.1000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for woven fabrics of combed wool or combed fine animal hair, other, mixed mainly or solely with man-made staple fibers, tapestry fabrics and upholstery fabrics of a weight exceeding 300 g/m2. The general rate of duty will be 7 percent ad valorem.
Each of the non-originating materials used to make the two billiard fabrics has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/51. The two billiard fabrics will 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 Alan Tytelman at 212-637-7092.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division