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NY 818321



January 30, 1996

CLA-2-63:RR:NC:TP:345-818321

CATEGORY: CLASSIFICATION

TARIFF NO.: 6307.90.9989

Ms. Isabelle Avril
Tissages Janisset & Fils
Z.I. de la Chaud
43120 Monistrol Sur Loire
France

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of "Shoulderstraps" from Mexico; Article 509

Dear Ms. Avril:

In your letter dated January 8, 1996, you request a ruling on the status of shoulder straps from Mexico under the NAFTA.

You indicate in your drawing and description of the process that the shoulder straps are 50 x 395 mm in size, and are made in France of a tubular web fabric woven from polypropylene yarn and a polypropylene buckle that is injection molded directly on the tubular fabric. The shoulder straps are finished by inserting a rectangular polyethylene foam pad into the tubular fabric and by ultra-sound cutting the open end. The shoulder straps are then packaged and shipped to your customer abroad. You plan to process the shoulder straps in France without the foam and export them to Mexico where they will be finished in the Maquiladoras zone with machinery shipped from France, using foam made in Mexico or the USA.

The applicable tariff provision for the shoulder straps, finished as you describe in Mexico, will be 6307.90.9989, in Chapter 63 of the Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles... Other: Other: Other: Other. The general rate of duty will be 7 percent ad valorem.

The shoulder straps do not qualify for preferential treatment under the NAFTA because they will not be wholly obtained or produced entirely in the territory of a NAFTA country and will not be made exclusively from originating materials. The non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12 (t)/63, HTSUSA. A good that is classified in

Chapters 61 through 63 is excepted from the provision of Article 401 (d) of NAFTA.

A copy of NAFTA Articles 401 and 402 concerning originating goods and methods for computing regional value are enclosed as requested.

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 ruling, contact National Import Specialist V. Gualario at 212-466-5886.

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 Service, 1301 Constitution Ave., NW, Franklin Court, Washington, DC 20229.

Sincerely,

Roger J. Silvestri
Director

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