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NY N017679





October 10, 2007

CLA-2-61:OT:RR:NC:TA:N3:358

CATEGORY: CLASSIFICATION

TARIFF NO.: 6111.20.6010; 6111.20.6070; 6302.60.0020; 6505.90.1515

Mr. Rob Casey
UPS Supply Chain Solutions
One UPS Way
Champlain, NY 12919

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA) of a hooded towel and babies’ apparel; Article 509.

Dear Mr. Casey:

In your letter dated September 19, 2007, on behalf of your client, Productions Ranger Inc., Granby, Quebec, Canada, you requested a ruling on the tariff classification and status under the North American Free Trade Agreement (NAFTA) of various babies’ wear from Canada. The submitted samples will be returned to you.

Style 60-0381 is a set consisting of four assorted items. The style includes a hooded towel made from 80 percent cotton and 20 percent polyester knit fabric. The edges of the towel are finished with a printed strip of knit fabric. One corner of the towel has a triangular piece forming a pocket. This pocket is used as a hood to cover an infant's head after a bath while the rest of the towel is used to dry off or to cover the infant.

The style also includes a babies’ finely knit cotton bodysuit. It has lap shoulders, short sleeves and a snap crotch secured by two metal snaps. Rib knit fabric surrounds the neck, arm and leg openings.

The style also includes a babies’ terry knit cotton bib. It has a metal snap closure at the back and rib knit fabric surrounding the neck opening and garment perimeter. It has embroidery and appliqué work on the front.

The style also includes a babies’ finely knit cotton sock hat. It has embroidery and appliqué work at the fold over rim.

You state in your letter that each of the articles is made in Canada from fabric formed in Canada, from yarns originating in the United States. You state in a telephone conversation October 2, 2007 that the origin of the fibers has not been determined.

The style 60-0381 components are classifiable separately and do not constitute goods put in sets for retail sale because they lack a common use and purpose. The bodysuit, hat and bib are clothing for wear and the towel is for healthcare and bathing use.

The applicable subheading for the hooded towel will be 6302.60.0020, Harmonized Tariff Schedule of the United States (HTSUS), which provides for bed linen, table linen, toilet linen and kitchen linen: toilet linen and kitchen linen, of terry toweling or similar terry fabrics, of cotton, towels: other. The general rate of duty will be 9.1 percent ad valorem.

The applicable subheading for the babies’ bodysuit will be 6111.20.6010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, sunsuits, washsuits and similar apparel. The general rate of duty will be 8.1 percent ad valorem.

The applicable subheading for the babies’ bib will be 6111.20.6070, Harmonized Tariff Schedule of the United States (HTSUS), which provides for babies’ garments and clothing accessories, knitted or crocheted, of cotton, other, other, other. The general rate of duty will be 8.1 percent ad valorem.

The applicable subheading for the babies’ hat will be 6505.90.1515, Harmonized Tariff Schedule of the United States (HTSUS), which provides for hats and other headgear, knitted or crocheted, other, of cotton, flax or both, knitted, of cotton, for babies. The general rate of duty will be 7.9 percent ad valorem.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

Babies’ cotton bodysuits, bibs and hats fall within textile category 239. Cotton hooded towels fall within textile category 363. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce at otexa.ita.doc.gov.

General Note 12(b), HTSUS, sets forth the criteria for determining whether a good is originating under the NAFTA. General Note 12(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that

For the purposes of this note, goods imported into the customs territory of the United States are eligible for the tariff treatment and quantitative limitations set forth in the tariff schedule as "goods originating in the territory of a NAFTA party" only if--

(i) they are goods wholly obtained or produced entirely in the territory of Canada, Mexico and/or the United States; or

(ii) they have been transformed in the territory of Canada, Mexico and/or the United States so that--

(A) except as provided in subdivision (f) of this note, each of the non-originating materials used in the production of such goods undergoes a change in tariff classification described in subdivisions (r), (s) and (t) of this note or the rules set forth therein, or

(B) the goods otherwise satisfy the applicable requirements of subdivisions (r), (s) and (t) where no change in tariff classification is required, and the goods satisfy all other requirements of this note; or

(iii) they are goods produced entirely in the territory of Canada, Mexico and/or the United States exclusively from originating materials; or

(iv) they are produced entirely in the territory of Canada, Mexico and/or the United States but one or more of the nonoriginating materials falling under provisions for "parts" and used in the production of such goods does not undergo a change in tariff classification because--

(A) the goods were imported into the territory of Canada, Mexico and/or the United States in unassembled or disassembled form but were classified as assembled goods pursuant to general rule of interpretation 2(a), or

(B) the tariff headings for such goods provide for and specifically describe both the goods themselves and their parts and is not further divided into subheadings, or the subheadings for such goods provide for and specifically describe both the goods themselves and their parts,
provided that such goods do not fall under chapters 61 through 63, inclusive, of the tariff schedule, and provided further that the regional value content of such goods, determined in accordance with subdivision (c) of this note, is not less than 60 percent where the transaction value method is used, or is not less than 50 percent where the net cost method is used, and such goods satisfy all other applicable provisions of this note.

General Note 12(t)/61.35, which is applicable to the bodysuit and bib, states: “A change to headings 6109 through 6111 from any other chapter, except from headings 5106 through 5113, 5204 through 5212, 5307 through 5308 or 5310 through 5311, chapter 54, or headings 5508 through 5516 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.”

Based on the facts provided, the bodysuit and bib qualify for NAFTA preferential treatment, because they will meet the requirements of HTSUS General Note 12(b) (ii) (A). The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements including requirements specified in General Note 12(t)(61.35).

Based on the facts provided, we cannot state whether the hooded towel qualifies for NAFTA preferential treatment. If you decide to resubmit your request, please provide the country of origin of the polyester fibers.

General Note 12(t)/65.2, which is applicable to the babies’ hat, states: “A change to headings 6503 through 6507 from any heading outside that group.

Based on the facts provided, the babies’ hat qualifies for NAFTA preferential treatment, because it will meet the requirements of HTSUS General Note 12(b) (ii) (A). The goods will therefore be entitled to a free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements including requirements specified in General Note 12(t)(65.2).

The bodysuit, bib and hat qualify for preferential treatment as originating goods under the NAFTA because any non-originating materials used in the production of the named articles undergo the respective change in tariff classification required by General Note 12(t) (61.35), and General Note 12(t) (65.2).

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 C.F.R.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 requested that a new ruling request be submitted in accordance with 19 C.F.R. 177.2.

A copy of this ruling letter 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 this ruling, contact National Import Specialist Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski

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