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NY I80727

April 25, 2002

CLA-2-63:RR:NC:N3:351 I80727


James F. Morgan
PBB Global Logistics
33 Walnut St.
P.O. Box 40
Fort Erie, Ontario
Canada L2A 5M7

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Pet Mitt from Canada; Article 509

Dear Mr. Morgan:

In your letter dated April 11, 2002, on behalf of your client, Evercare/Helmac Products Corp. of Concord, Ontario, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA), of a Pet Mitt from Canada. Your sample will be returned as requested, under separate cover.

Your letter describes the Pet Mitt as follows: it is constructed of an inner surface of 1005 polyethylene which is laminated to an outer surface consisting of a non-woven spun-lace material which is a blend of rayon and polyester. An adhesive coating is added to the outer surface and it is covered with a peel-away printed release liner. This outer surface material is considered to be textile for classification purposes. The user slips his or her hand into the mitt and, by rubbing a dog, cat, or other animal, loose hair sticks to the outer adhesive. Once used, the mitt is disposed of.

The applicable subheading for the Pet Mitt will be 6307.90.9889, Harmonized Tariff Schedule of the United States (HTS), which provides for other made up articles . . . Other. The rate of duty will be 7 percent ad valorem.

Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling.

Your letter states that the Pet Mitt is made in Canada “from materials obtained in the United States.” Unfortunately, this is not sufficient information for us to base a ruling on. We need to know whether or not these materials are wholly obtained or produced entirely in the territory of the United States or another NAFTA country. If not, we need to know whether or not each of the non-originating materials has satisfied the changes in tariff classification required under HTSUSA General Note 12(t)/63. To this end, please provide the original source of the rayon and polyester yarns that make up the spun-lace outer surface.

As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above. If you decide to resubmit your request, please include all of the material that we have returned to you.

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

If you have any questions in regard to this matter, please contact National Import Specialist Mitchel Bayer at 646-733-3102.


Robert B. Swierupski

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