NY a83575: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of unassembled shirts and of shirt parts from Canada; Article 509

Native CBP ruling rendition. Applicability is fact-specific; modification/revocation relationships and original publisher date are retained. Publisher sentinel year0001 means unknown date, not a historical legal adoption.

                            NY A83575

                           May 24, 1996
CLA-2:62:RR:NC:WA:355: A83575  

CATEGORY:      Classification

TARIFF NO.:    6205: 6217  

Ms. Carol Hagyard
A.N. Deringer, Inc.
1010 Niagara Street
Buffalo, NY 14213 

RE:  The tariff classification and status under the North
     American Free Trade Agreement (NAFTA), of unassembled shirts
     and of shirt parts from Canada; Article 509

Dear Ms Hagyard:


     In your letter dated April 25, 1996 on behalf of your
client, Cline & Co. Shirtmakers, you requested a ruling on the
status of unassembled components of a shirt and of separate parts
of a shirt from Canada under the NAFTA.

     You submitted as a sample the parts of one man's shirt. You
state that unassembled shirts and separate shirt parts made from
various materials will be shipped to the United States. The
materials are 100% cotton, 100% rayon, 100% viscose, 55% wool/45%
cotton and 100% linen. You state that fabric from a non-Nafta
country will be imported into Canada and cut into components for
men's shirts and shipped to the United States for assembly. In
one example all the components of a shirt will be sent in one
shipment; in the other example separate components would be
shipped on different days. 

     You inquire if the merchandise would qualify for a Tariff
Preference Level. In neither example does your merchandise
qualify for a Tariff Preference Level. It does not meet the
requirements of Section XI, Additional U.S. Note 3(a), HTUSA.
Note 3(a) states that "apparel goods provided for in chapters 61
and 62 that are both cut (or knit to shape) and sewn or otherwise
assembled in the territory of a Nafta party from fabric or yarn
produced or obtained outside the territory of one of the Nafta
parties" are eligible for a Tariff Preference level. Your
merchandise is not assembled in Canada and therefore does not
meet the second requirement of Note 3(a). 
     

     
     

     
     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 Gerard
Shea at 212-466-5878 or Martin Weiss at 212-466-5881.

     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, 1301 Constitution Ave., NW, Franklin Court, Washington,
DC 20229.



                                        Sincerely,



                                        Roger J. Silvestri
                                        Director
                                        National Commodity
                                        Specialist Division