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NY E88017

October 15, 1999

CLA-2-63:RR:NC:TA:352 E88017


TARIFF NO.: 6307.90.9989

Mr. S. Gary Killeen
Just In Time Ent.
20268 54th Ave.
Langley, B.C. Canada V3A 3W3

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a “Backflex Cover and Belt Clip” from Canada; Article 509

Dear Mr. Killeen:

In your letter dated September 20, 1999, you requested a ruling on the status of a “Backflex Cover and Belt Clip from Canada under the NAFTA.

The sample submitted is a “Backflex Cover with a Belt Clip” which is used for holding in place flexible magnet pads. The cover is made of two textile fabric panels. The exterior panel is constructed of brushed knit fabric laminated with foam. The interior is composed of a knit fabric panel. The panels are sewn together to form the cover. The edges are finished off with interlock stitches. The metal clip is not permanently attached to the cover; it features onto the back portion a strip similar to the VELCRO brand fastener. When the clip is hooked unto a waistband the strip side faces outward towards the person’s body so that the cover can be attached.

The applicable tariff provision for the “Backflex Cover with a Belt Clip” will be 6307.90.9989, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other made up articles . . . Other. The general rate of duty will be 7 percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because the materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/63, HTSUSA.

In addition, the “Backflex Cover with Belt Clip” may be subject to a reduced rate of duty based upon the Tariff Preference Levels (TPL) established in Section XI, Additional U.S. Note 4 (a), up to the annual quantities specified in subdivision (c) of Note 4. Upon completion of the required documentation and up to the specified annual quantities, the “Backflex Cover with Belt Clip” may be eligible for a free preferential rate.

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 Alan Tytelman at 212-637-7092.

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.


Robert B. Swierupski

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