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NY M83372

August 22, 2006

CLA-2-62:RR:NC:WA:361 NY M83372


TARIFF NO.: 9822.05.01

Ms. Cherie Carden, Senior Trade Analyst
International Development Systems Inc.
2100 L Street NW, Suite 210
Washington, DC 20037

RE: The status under the Dominican Republic-Central America-United States Free Trade Agreement (DR-CAFTA), of women’s woven trousers from El Salvador.

Dear Ms. Carden:

In your letter dated May 3, 2006, you requested a ruling on the status of women’s trousers from El Salvador under DR-CAFTA on behalf of Lido Industrias, S.A. de C.V.

The submitted garment is a pair of women’s trousers, style number F63041. You have indicated that the woven fabric of the garment is constructed from 62 percent polyester, 32 percent rayon, and 6 percent elastomeric yarns. The trousers have an elasticized waistband, a button and hook and bar closure, a front zipper, and hemmed legs.

You have described the manufacturing process as follows:

Fabric will be made in China
All trimmings except hook and bar will be from El Salvador Hook and bar is from Korea
Fabric will be cut and sewn into trousers in El Salvador

General Note 29(b), HTSUS, sets forth the criteria for determining whether a good is originating under DR-CAFTA. El Salvador is one of the countries covered by this agreement. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good imported into the customs territory of the United States is eligible for treatment as an originating good under the terms of this note if--

(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the agreement;

(ii) the good was produced entirely in the territory of one or more of the parties to the agreement, and--

(A) each of the non-originating materials used in the production of the good undergoes an applicable change in tariff classification specified in subdivision (n) of this note; or

(B) the good otherwise satisfies any applicable regional value content or other requirements specified in subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or

(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively from originating materials.

The merchandise does not qualify for preferential treatment under DR-CAFTA because (a) it will not be wholly obtained or produced entirely in the territory of one or more DR-CAFTA countries; (b) 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 29(n)/62.29, HTSUS; and (c) it will not be produced entirely in the territory of one or more of the DR-CAFTA parties exclusively from originating materials.

You have suggested that the trousers may be subject to a reduced rate of duty found in chapter 98, subchapter XXII of the HTSUS.

U.S. Note 20 to that chapter states:
Heading 9822.05.01 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90 that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 29 to the tariff schedule and otherwise meet the requirements of such general note 29:

Within that note, (39) provides for the following fabric: Two-way stretch woven fabric of 62 percent polyester, 32 percent rayon and 6 percent spandex by weight, classified in subheading 5515.19.00;

In order to determine whether the submitted garment contained the fabric enumerated above, we requested an analysis by the Customs and Border Protection Laboratory. Their analysis provided the following information:

The fiber content by weight is:
61.7% staple polyester
34.4% staple rayon
3.9% filament spandex
The woven fabric has spandex in the warp and filling. The laboratory analysis was unable to identify the type of rayon present.

Based on the analysis of the fabric, the trousers do not meet the fiber content requirement of U.S. note 20(a)(39). Therefore, the trousers are not subject to the reduced rate of duty noted therein.

This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).

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 646-733-3052.

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 and Border Protection, 1300 Pennsylvania Ave. N.W., (Mint Annex), Washington, D.C. 20229.


Robert B. Swierupski

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