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NY B87068

July 9, 1997

CLA-2-62:RR:NC:WA:B87068 361


TARIFF NO.: 6106.10.0010

C-Air Custom House Brokers-Forwarders, Inc. 153-66 Rockaway Boulevard
Jamaica, New York 11434

RE: The classification and status under the North American Free Trade Agreement (NAFTA), of a woman's knit shirt made in Mexico.

Dear Mr. Maher:

In your letter dated June 10, 1997, with additional information provided on June 25, 1997, you requested a ruling on the classification and status under the North American Free Trade Agreement (NAFTA), on behalf of Tropic Tex Int. As you requested, the sample is being returned to you.

The submitted garment, style 6130, is woman's shirt constructed from 100% cotton knit fabric with more than ten stitches per centimeter in both directions. The shirt features a round capped neckline, three button placket with right over left closure, short sleeves, and a plain hemmed bottom.

The applicable subheading for the shirt will be 6106.10.0010, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shirts and blouses, knitted, of cotton. The general rate of duty will be 20.6 percent ad valorem; the rate under the NAFTA will be 6.6 percent ad valorem.

The garment falls within textile category designation 339. Based upon international textile trade agreements, this category, imported from Mexico, is subject to a visa requirement and quota restraints. If the garment qualifies under the NAFTA, it is not subject to a visa requirement or quota restraints.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since part categories 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.

You have indicated that the yarn and fabric will be manufactured in Mexico, and that the fabric will be cut and sewn into a completed garment in Mexico.

The garment qualifies for preferential treatment under the NAFTA because materials used in the production of the goods will undergo the change in tariff classification required by General Note 12(t)/61.25, 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.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Paul K. Schwartz
Chief, Apparel Branch

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