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NY D83242

November 5, 1998

CLA-2-61:RR:NC:TA:N3:356 D83242


TARIFF NO.: 6110.20.2065

Mr. Rolando E. Portal
H.L.M. Cargo Clearance Brokers, Inc.
P.O. Box 652623
Miami, Florida 33265-2623

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

Dear Mr. Portal:

In your letter dated September 22, 1998, which was received on October 6, 1998, you requested a ruling on behalf of T'S Treasure Inc., on the status of a knit garment from Mexico under the NAFTA.

Style PP001 is a men's pullover garment constructed from 100 percent cotton, pique knit fabric which measures 9 stitches per linear centimeter counted in the horizontal direction and 18 stitches per linear centimeter counted in the vertical direction. The garment features a rib knit spread collar; a partial front opening with three button closures; long sleeves with rib knit cuffs; and a hemmed bottom with side slits. Style PP001 will be imported in men's sizes S-3XL.

You have stated in your correspondence that the cotton will be grown, spun into yarn, and knit into fabric in Pakistan. The uncut fabric will be sent to Mexico where it will be cut to shape, sewn and assembled into garments. The applicable tariff provision for Style PP001 will be 6110.20.2065, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's or boys' sweaters, pullovers..., knitted or crocheted: of cotton: men's. The general rate of duty will be 19 percent ad valorem.

Style PP001 does not qualify for preferential treatment under the NAFTA because the fabric used in the production of the goods is made outside the NAFTA territories and does not undergo the tariff classification shift required by General Note 12(t)/61.35, Harmonized Tariff Schedule (HTS).

However, Style PP001 may qualify for a preferential duty rate under the Tariff Preference Levels (TPL) found in the HTSUSA, Section XI, Additional U.S. Note 3(b). Since the fabric is cut and assembled into a garment in Mexico, Style PP001 qualifies for the reduced duty rate if imported in a quantity up to that specified in Additional U.S. Note 3(g), Section XI, HTS, provided that the imported garment is accompanied by a Certificate of Eligibility.

Textile merchandise which does not qualify as "originating" under the North American Trade Agreement (NAFTA), but which has been further processed in Mexico and exported from that country, may be subject to import limitations. Based upon international textile trade agreements, products of Mexico are subject to visa requirements and quota restraints. The merchandise described in this ruling falls within textile category designation 338.

Since quota and visa restrictions are the results 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.

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 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 this ruling, contact National Import Specialist Mary Ryan at 212-466-5877. 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, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.


Robert B. Swierupski

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