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NY I87823

November 5, 2002

CLA-2-63:RR:NC:N3:351 I87823


TARIFF NO.: 6307.90.9889

Mr. Ramon Gonzales
P.O. Box 5421
Fresno, CA 93755

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of tie accessories from Mexico; Article 509

Dear Mr. Gonzales:

In your letter dated August 22, 2002, you requested a ruling on the status of an article you call “Tie Placer” from Mexico under the NAFTA. We returned it to you under cover of our letter I86031, asking for the country in which the fabric was manufactured. In your letter of October 3, 2002, you informed us that the fabric is woven in Mexico or, on rare occassions, you export fabric from the United States to Mexico. Because you have not specified the origin of the U.S. fabric, this ruling will concern the Tie Placers made with the Mexican fabric.

You submitted a sample of the article in question. It is a strip of woven fabric, approximately 1¼” wide x 7¾” long. You state that the fabric will be either cotton or polyester, or a blend of the two in various proportions. Three buttonholes are stitched into it, corresponding to the buttonholes on a man’s dress shirt. It is meant to be buttoned onto a shirt after being slipped through the loop or label on the back of a man’s necktie, thus holding the tie to the shirt.

You state that you believe the Tie Placer to be classifiable in heading 6217, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for “Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212. . . .” However, we consider this item to be an accessory to a necktie and, since a necktie is not considered to be clothing but an accessory itself, the Tie Placer cannot be considered a clothing accessory.

The applicable tariff provision for the Tie Placer will be 6307.90.9889, HTS, which provides for other made up textile articles. The general rate of duty will be seven percent ad valorem.

The merchandise does not qualify for preferential treatment under the NAFTA because one or more of the non-originating materials used in the production of the goods will not undergo the change in tariff classification required by General Note 12(t)/63, HTSUSA. Specifically, the fabrics you describe are classifiable in heading 5210 or in chapter 55, HTS. General Note 12(t)/63 specifically state:

A change to headings 6304 through 6310 from any other chapter, except from . . . 5204 through 5212, . . . chapters 54 through 55, or headings 5801 through 5802 or 6001 through 6006, provided that the good is both cut (or knit to shape) and sewn or otherwise assembled in the territory of one or more of the NAFTA parties [emphasis added].

You also ask about Tariff Preference Levels (TPL). The Tie Placer may be subject to a reduced rate of duty (Free) based upon the TPL established in Section XI, Additional U.S. Note 4(b), up to the annual quantities specified in subdivision (d) of Note 4. Upon completion of the required documentation and up to the specified annual quantities, the item 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 Mitchel Bayer at 646-733-3102.

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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