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NY D83702

November 4, 1998

CLA-2-62:RR:NC:TA:355 D83702


TARIFF NO.: 6203.11.2000

Ms. Gloria Columbe
A.N. Deringer, Inc.
173 W. Service Road
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a woven wool suit for men from Canada; Article 509

Dear Ms. Columbe:

In your letter dated October 7, 1998 you requested a ruling on behalf of your client, S. Cohen Inc.,on the status of a man's woven wool suit from Canada under the NAFTA. As requested your sample is being returned to you.

A suit sample was submitted. The single-breasted woven wool jacket has a notched collar, a full frontal opening with a two button closure, a breast pocket, two side pockets, two interior breast pockets and an additional interior pocket at the waist on the left side of the jacket. The jacket has a woven acetate lining. The woven wool pants have pleats, belt loops, a hook and a button closure on the waistband, a fly with a zipper closure, two side pockets and two rear pockets - one with a button closure. The pants have a woven polyester front lining on each side of the fly extending down the front of each leg sleeve to approximately the knees.

The applicable tariff provision for the will be 6203.11.2000, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for men's woven wool suits. The general rate of duty will be 31.7 cents a kilogram plus 19.6% ad valorem.

You state that the wool fabric of the suit is of NAFTA origin and that the acetate lining of the jacket is also of NAFTA origin; the polyester pant lining is not of NAFTA origin.

General Note 12(t) of the HTUSA requires that for garments classified under subheading 6203.11.2000 the visible lining fabric in chapter rule 1 for Chapter 62 satisfy the tariff change requirements provided therein. As you have stated the visible acetate lining of the jacket is of NAFTA origin this rule does not apply to it. As the lining of the pants is not visible the rule does not apply there either.

Based on your statement that the wool fabric of the suit and the acetate lining of the jacket are NAFTA originating, which must be validated at the time of entry, the garment will satisfy the requirements of HTSUSA General Note 12(b). The merchandise 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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