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NY F82142





February 16, 2000

CLA-2-62:RR:NC:TA:361 F82142

CATEGORY: NAFTA

Mr. Ashok Menon
Vice President Marketing
Ranka Enterprises Inc.
300 Danforth Road
Toronto, Ontario, Canada M1L 3X5

RE: The status under the North American Free Trade Agreement (NAFTA), Article 509, of women’s knit sleep shirts from Canada.

Dear Mr. Menon:

In your letter, which was received on January 19, 2000, you requested a ruling on the status of women’s knit sleep shirts from Canada under the NAFTA. Since no samples were submitted, the analysis below is based on the presumption that the garments will be classified as you indicated – that is, as women’s knit sleepwear.

NAFTA DETERMINATION

According to the information provided, raw cotton grown in the United States is shipped to Mexico where it is processed into yarn. The yarn is then knitted into circular knit fabric in Mexico. The fabric is sent to Canada, where it is manufactured into sleep shirts. The finished sleep shirts will be shipped to the United States.

Based on the above information, the sleep shirts are wholly obtained or produced in the territory of Canada, Mexico and the United States. The sleep shirts will be entitled to a Free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

HOLDING:

The sleep shirts, a product of Canada, are considered to originate under the rules of the NAFTA.

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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