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NY D83274

November 4, 1998

CLA-2-62:RR:NC:TA:355 D83274


TARIFF NO.: 6203.43.4030

Mr. Leonard L. Rosenberg
Sandler, Travis & Rosenberg, P.A.
The Waterford
5200 Blue Lagoon Drive
Miami, FL 33126-2022

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), men's woven shorts of synthetic fibers from Mexico; Article 509

Dear Mr. Rosenberg:

In your letter dated October 6, 1998 you requested a ruling on behalf of your client, Synergy Sport Inc., on the status of men's shorts of woven synthetic fibers from Mexico under the NAFTA.

The sample submitted, style 703W is a pair of men's woven shorts composed of 65% polyester and 35 % cotton. The shorts have a one button closure at the waist, a fly front with a zipper closure, side seam pockets, two rear pockets with button through flaps, belt loops and a belt. The webbed belt is made of 100% polyester fabric with a buckle. The belt is made in China.

Classification under the HTUSA is in accordance with the General Rules of Interpretation (GRI's). Noting GRI 3(b) the shorts and belt are considered a composite good with the shorts imparting the essential character.

The applicable tariff provision for the sample submitted will be 6203.43.4030, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's woven shorts of synthetic fibers. The general rate of duty will be 29% ad valorem.

You state, "Style 703W is made in Mexico from NAFTA originating fabric which qualifies the garment for NAFTA preference benefits (documentation to support this claim will be submitted to the port of entry upon request)."

Noting HTUSA General Note 12(t) Chapter Rule 3 to Chapter 62 only the component that determines the tariff classification of the good must satisfy the tariff change requirements set out in the rule for that good. In the case of style 703W the shorts determine the tariff classification of the composite good.

Based upon your statement that the fabric of the shorts is NAFTA originating, which must be validated at the time of entry, style 703W will meet the requirements of HTSUSA General Note 12(b), and will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

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

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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.


Robert B. Swierupski

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