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NY E88009




November 10, 1999

CLA-2-62:RR:NC:TA:361 E88009

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4020

Ms. Barbara Y. Wierbicki
Tompkins & Davidson, LLP
One Astor Plaza
1515 Broadway
New York, NY 10036-8901

RE: The tariff classification, status under the North American Free Trade Agreement (NAFTA), Article 509, of women’s woven trousers from Mexico.

Dear Ms. Wierbicki :

In your letter dated September 27, 1999, you requested a ruling on the status of women’s woven trousers from Mexico under the NAFTA, as well as a classification determination. The trousers will be returned, as you requested.

CLASSIFICATION

The submitted garment is a pair of women’s trousers constructed from 96% cotton, 4% lycra spandex woven fabric. The trousers have a front zipper; a button right-over-left closure in the front; two side pockets; and two inch side slits extending upward from the hemmed leg openings.

The applicable tariff provision for the trousers will be 6204.62.4020, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for women’strousersof cotton. The general rate of duty will be 17.2 percent ad valorem.

The trousers fall within textile category designation 348. Based upon international textile trade agreements products of Mexico are subject to quota and the requirement of a visa. If the garment qualifies under the NAFTA, it will not be subject to quota or the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, the designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected and should also be verified at the time of shipment.

NAFTA DETERMINATION

According to the information provided, the yarn or yarns used in the garment are manufactured in the NAFTA territory; the fabric is woven in Mexico; the fabric will be cut into garment parts, then assembled into the completed trousers in Mexico.

Based on the above procedures, each of the non-originating materials used to make the trousers will satisfy the changes in tariff classification required under HTSUSA General Note 12(t)/62.28. The trousers will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

HOLDING:

The trousers, a product of Mexico, are considered to originate under the rules of the NAFTA. Based upon international textile trade agreements products of Mexico that qualify under the NAFTA are not subject to quota and the requirement of a visa.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181), as well as Part 177 of the Customs Regulations (19 C.F.R. 177). Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 177.9(b)(1), the ruling will be subject to modification or revocation. In the event there is a change in the facts previously furnished, this may affect the determination of country of origin. Accordingly, if there is any change in the facts submitted to Customs, it is recommended that a new ruling request be submitted in accordance with 19 CFR 177.2.

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 Angela De Gaetano at 212-637-7029.

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, 1300 Pennsylvania Ave. N.W., Washington, D.C. 20229.

Sincerely,

Robert B. Swierupski

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