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NY C88292

June 8, 1998

CLA-2-63:RR:NC:TA:354 C88292


TARIFF NO.: 6116.93.8800; 6307.90.9989

Mr. Christopher J. Ryan
Lakeland Industries, Inc.
711-2 Koehler Avenue
Ronkonkoma, New York 11779-7410

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

Dear Mr. Ryan:

In your letter dated May 20, 1998, you requested a ruling on the classification and status of apparel from Mexico under the NAFTA.

Two samples were submitted for classification. Model 2300 is a string knit glove constructed of kevlar yarn with a ribbed knit elasticized cuff.

The 4000 series knit sleeve is a snug and rugged arm protector constructed of knitted kevlar material. The arm protectors are available with thumbhole and thumbstitch options in lengths up to 31 inches.

You have indicated that the fiber and yarns for both articles will be made in United States, followed by knitting and production in Mexico.

The applicable subheading Model 2300 will be 6116.93.8800, Harmonized Tariff Schedule of the United States (HTSUSA), which provides for Gloves, mittens and mitts, knitted or crocheted: other: of synthetic fibers: other: other: without fourchettes. The duty rate will be 19.3 percent ad valorem.

The applicable subheading for 4000 series knit sleeve will be 6307.90.9989, HTS, which provides for Other made up articles, including dress patterns: other: other . . . other: other. The general rate of duty will be 7 percent ad valorem.

All styles, being made entirely in the territories using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The glove is entitled to a 3.1 percent rate of duty and the arm protector is entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

In your letter you also questioned the tariff classification of a finished garment made of woven fabric (HTS 5407.61.9945). Please be advised that in order to classify any wearing apparel item, a sample must be submitted for review.

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 Brian Burtnik at 212-466-5880.


Robert B. Swierupski

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