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NY A83575

May 24, 1996
CLA-2:62:RR:NC:WA:355: A83575


TARIFF NO.: 6205: 6217

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of unassembled shirts and of shirt parts from Canada; Article 509

Dear Ms Hagyard:

In your letter dated April 25, 1996 on behalf of your client, Cline & Co. Shirtmakers, you requested a ruling on the status of unassembled components of a shirt and of separate parts of a shirt from Canada under the NAFTA.

You submitted as a sample the parts of one man's shirt. You state that unassembled shirts and separate shirt parts made from various materials will be shipped to the United States. The materials are 100% cotton, 100% rayon, 100% viscose, 55% wool/45% cotton and 100% linen. You state that fabric from a non-Nafta country will be imported into Canada and cut into components for men's shirts and shipped to the United States for assembly. In one example all the components of a shirt will be sent in one shipment; in the other example separate components would be shipped on different days.

You inquire if the merchandise would qualify for a Tariff Preference Level. In neither example does your merchandise qualify for a Tariff Preference Level. It does not meet the requirements of Section XI, Additional U.S. Note 3(a), HTUSA. Note 3(a) states that "apparel goods provided for in chapters 61 and 62 that are both cut (or knit to shape) and sewn or otherwise assembled in the territory of a Nafta party from fabric or yarn produced or obtained outside the territory of one of the Nafta parties" are eligible for a Tariff Preference level. Your merchandise is not assembled in Canada and therefore does not meet the second requirement of Note 3(a).

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 Gerard Shea at 212-466-5878 or Martin Weiss at 212-466-5881.

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.


Roger J. Silvestri

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