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NY 802578

October 5, 1994

CLA-2-62:S:N:N5:353 802578


TARIFF NO.: 6211.42.0081

Ms. Elizabeth Mince
Atlanta Customs Brokers
5099 Southridge Parkway, Suite 116
Atlanta, GA 30349

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of aprons from Mexico.

Dear Ms. Mince:

In your letter dated September 19, 1994, you requested a ruling on the status of aprons from Mexico under the NAFTA.

The submitted samples are two aprons of woven fabric. One apron consists of 100% cotton fabric and the other of 65% cotton and 35% polyester fabric. The apron is designed to cover the entire torso with a fabric strap that extends around the neck and two fabric ties at the back of the garment. At the center of the bib is a pencil pocket.

The applicable tariff provision for the aprons will be 6211.42.0081, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for track suits, ski-suits and swimwear; other garments: Other garments, women's or girls': Of Cotton: Other. The general rate of duty will be 8.6 percent ad valorem.

The aprons fall within textile category designation 359. Based upon international textile trade agreements products of Mexico are not subject to quota and the requirement of a visa.

Since quota and visa restrictions are the result of international bilateral agreements which are subject to frequent renegotiations and changes, to obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

The merchandise does not qualify for preferential treatment under the NAFTA because One or more of 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)/62.35, HTSUSA.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

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, Office of Regulations and Rulings, U.S. Customs Service, 1301 Constitution Ave. N.W., Franklin Court, Washington, D.C. 20229.


Jean F. Maguire
Area Director

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