NY a82512: The tariff classification and status under the North American Free TradeAgreement (NAFTA), of women's vests from Mexico; 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 A82512





May 15, 1996



CLA-2-62:RR:NC:WA:360 A82512



CATEGORY:	  Classification



TARIFF NO.: 6211.43.0076



Ms. Deborah Russell

California Fashions

3434 South Grand Avenue

Los Angeles, CA  90007-4326



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



Dear Ms. Russell:



	In your letter dated March 7, 1996, and resubmission of April 15, 1996, you
requested a ruling on the status of women's vests from Mexico under the NAFTA.



	The submitted sample, style 262102G/262302G, is a women's sleeveless upper
body garment constructed from segments of woven fabric of differing fiber
content.  The vest extends below the waist; has large armhole openings; and is
intended to be worn over other outer wearing apparel.  It also has a collar, a
full front zippered opening, non-adjustable button tabs on the waistband and two
slant pockets at the waist.



	As noted above, the vest is constructed from woven fabric segments of the
following fiber contents: 



	100% cotton 

	76% rayon/24% acetate 

	100% rayon and 

	53% rayon/47% acetate



After an extensive analysis of the construction of the garment, as well as its
fiber content, we have determined that the man-

made fiber segments are an intregal part of the garment.  The essential
character of the garment, therefore, is imparted by the man-made fiber fabric
portions. 



	You also provided the following information required to make a
determination as to whether the garment qualifies as originating under the
NAFTA.  The man-made fiber fabric used in the construction of the garment is
indicated to be spun into yarn and woven into fabric in the United States.
Although the cotton  fabric is made in India, only the portion that provides the
essential character is used in making the NAFTA originating determination [GN
12(t), Chapter 62, rule 3].  Further, you state that the components will be cut
in the United States and sewn in Mexico.   



	The applicable tariff provision for style 262102G/262302G will be
6211.43.0076, Harmonized Tariff Schedule of the United States Annotated
(HTSUSA), which provides for Other garments, women's or girls': Of man-made
fibers, Vests: Other. The rate of duty will be 16.8% ad valorem.      



	The vest qualifies for preferential treatment under the NAFTA  because
materials used in the production of the goods undergoes the change in tariff
classification required by General Note 12(t)/62.35, HTSUSA.  The vest will be
entitled to a 8.4% rate of duty under the NAFTA upon compliance with all
applicable laws, regulations, and agreements.   

  

	This garment will be assembled in Mexico from fabric woven in the United
States and India.  The fabric will be cut into components in the U.S.  Under
this circumstance, the item may not be entered under subheading 9802.00.90,
Harmonized Tariff Schedule of the United States (HTS).  



	  Additionally, as NAFTA originating products, this item, when imported
from Mexico, is not subject to quota or visa requirements.  



	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 Patricia Schiazzano at (212) 466-5866.







								Sincerely,







								Roger J. Silvestri

								Director

								National Commodity

								Specialist Division