CLA-02 RR:TC:SM 560458 KKV

Mr. Michael Roybal
Sandler, Travis & Rosenberg, P.A.
1341 G Street, N.W.
Washington, D.C. 20005-31-5

RE: Applicability of subheading 9802.00.90, HTSUS, to "baseball style" hats; Special Regime Program; findings; sewing; laminating; embroidering: Article 509; NAFTA preferential tariff treatment; 19 CFR 102.21(c)(2); 19 CFR 102.21(c)(4); General Note 12(b)(ii); non-originating materials undergo applicable tariff shift; General Note 12(t)/65.1

Dear Mr. Roybal:

This is in response to your letter dated May 7, 1997 (and subsequent facsimiles dated February 20, 1998, February 23, 1998, February 24, 1998 and March 3, 1998), on behalf of Paramount Headwear, Inc., which requests a ruling concerning the applicability of subheading 9802.00.90, Harmonized Tariff Schedule of the United States (HTSUS), to certain "baseball style" hats imported from Mexico. Additionally, you inquire whether the hats will be eligible for preferential duty treatment under the North American Free Trade Agreement (NAFTA). Samples of the hat at various stages of the manufacturing process were submitted for our examination.

FACTS:

We are informed that Paramount Headwear, Inc., intends to import "baseball style" hats, classifiable under subheading 6505.90.00, HTSUS, into the U.S. You state that the hats will be assembled in Mexico from fabric components which have been formed and cut in the United States. With regard to the assembly processes completed in Mexico, our advice is sought with regard to two separate proposed production scenarios. We are informed that the complete list of component materials of the finished hat and their respective country of origin and tariff classification is as follows:

Component Material Tariff classification Country of Origin

Cotton Bias Tape 5208.31.6040 Pakistan Pre Cut .085 V-1 Texon Visor 6507.00 USA " Poly Pro Webbing (Bkstrp) 5806.32 USA " Space Buckle (Bkstrp) 3926.90 USA Button Shell 9606.30 USA Button Back 9606.30 USA Button Tack 7317.00.5550 Germany Sewing Thread 5401.10 USA #2 Twill Premade Sweatband 6507.00 USA OFSA Size Strip 4810.91 USA Fusible #707 Cap Front Stay 5407.42 USA MA Embroidery Thread 5403.31.0040 Germany Embroidery Backing 5407.90 USA Paramount Silky Label 5807.90 USA White Alpine Twill 5208.33 USA

We are further informed that, with the exception of the cotton bias tape, embroidery thread and button tacks, all materials utilized in the assembly of the hats qualify as NAFTA "originating materials."

You describe the production process for the subject hats in the following manner:

STEP 01: CUT THE CAP PARTS. Plan yardage requirements and layout of pattern pieces. Roll material(s) onto cutting table using automated spreading machines. Cut pattern pieces (and holes for eyelets) according to planned layout and tie cut pieces into bundles.

STEP 02: LAMINATE THE FRONT PANELS TO THE STAY MATERIAL. Align stay material and front pieces of cap and feed into a fusing machine (conveyor driven heat and rollers).

STEP 03: SEW AND TAPE (BY STITCHING) FRONT PANELS FOR EMBROIDERY. Sew center seam. Open sewn panels and run through a taping machine, covering sewn seam.

STEP 04: EMBROIDER FRONT PANELS. Secure front panels to embroidery machine. Lay backing material on front panels. Embroider front panels, securing backing material to front panels via embroidered design.

STEP 05: ASSEMBLE COVER. Sew reinforcing seam around eyelets with backing material. Sew two back panels together. Tape (by stitching) the seam joining the back panels. Sew one side panel to the front panels. Sew the last seam joining the fronts and one side to the backs and one side (cover is complete).

STEP 06: TAPE (BY STITCHING) THE TWO REMAINING SEAMS OF THE COVER. Run through a taping machine, covering sewn seams.

STEP 07: LAP BACK BIND THE BACK OPENING. Lap back bind the back opening and cover with tape (by stitching). Provides clean finish for back opening.

STEP 08: SEW IN THE SIZE STRIP. Sew in the size strip, making sure that the circumference of the cover matches the length of the size strip.

STEP 09: MAKE THE BUTTONS. Insert material into two round metal parts of button using a button machine, which forms the button.

STEP 10: MAKE VISORS. Align visor top piece and visor bottom piece face to face. Sew outside seam (front of visor). Turn sewn pieces inside out (now right side out). Insert visor board in the "pocket" formed by sewn visor pieces. Lock visor board into

visor "pocket" by sewing behind visor board. Secure visor pieces to visor board stitching multiple rows onto visor.

STEP 11: ATTACH THE BUTTON TO THE CAP. Push tack through the inside center of the cap cover. Insert tack into formed button part (from STEP 09).

STEP 12: SEW THE VISOR, LABELS AND SWEATBAND ONTO THE CAP.

STEP 13: TACK THE BACK STRAP ONTO THE CAP. Fold the sweatband into the cap on one side of the back opening. Insert one end of the back strap between the sweatband and the cover material. Sew the strap into place. Repeat the same process on the other side of the back opening.

STEP 14: TRIM THE LOOSE THREADS OFF THE CAP.

STEP 15: BLOCK THE CAP. Place the finished cap on a sand cast block (created to shape). Apply steam through cap, smoothing wrinkles.

STEP 16: PACK THE CAPS INTO BOXES.

Paramount proposes to assemble the hats using two different production scenarios. In the first production scenario, steps 01-04 will be performed in the United States and the remaining steps (05-16) will be performed in Mexico. In the second proposed production scenario, step 01 will be performed in the United States and the remaining steps (02-16) will be performed in Mexico. For purposes of this ruling we will assume that the tariff classifications provided are correct and that the fabric that is cut into the cap parts in the U.S. is also formed in the United States.

ISSUES:

1. Whether the baseball style hats will be eligible for duty-free treatment under subheading 9802.00.90, HTSUS, upon importation into the U.S.

2. Whether the baseball style hats will be eligible for preferential duty treatment under NAFTA upon importation into the U.S.

LAW AND ANALYSIS:

I. Applicability of subheading 9802.00.90, HTSUS

Subheading 9802.00.90, HTSUS, provides for the duty-free treatment of:

Textile and apparel goods, assembled in Mexico in which all fabric components were wholly formed and cut in the United States, provided that such fabric components, in whole or in part (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process, provided that goods classifiable in chapters 61, 62, or 63 may have been subject to bleaching, garment dyeing, stone-washing, acid-washing or perma-pressing after assembly as provided for herein.

The initial question we must address is whether the subject hats are considered "textile and apparel goods" under subheading 9802.00.90, HTSUS. Your letter indicates that the article at issue is classified under subheading 6505.90, HTSUS, which provides for "Hats and other headgear, knitted or crocheted, or made up from lace, felt or other textile fabric, in the piece (but not in strips), whether or not lined or trimmed; hair-nets of any material, whether or not lined or trimmed: Other."

Specifically, "textile and apparel goods" eligible for duty-free treatment under subheading 9802.00.90, HTSUS, are listed in Appendix 1.1 of Annex 300-B of the NAFTA. Appendix 1.1 specifically includes subheading 6505.90, HTSUS. Thus, under the facts presented, the subject baseball style hats qualify as "textile and apparel goods" for purposes of subheading 9802.00.90, HTSUS.

The enactment of subheading 9802.00.90, HTSUS, was specifically intended to extend duty-free and quota-free status to all goods assembled in Mexico, which previously were eligible for entry under the Special Regime Program administered under subheading 9802.00.80.10, HTSUS. As a result, it is Customs view that all of the policy

directives implementing this program should be considered applicable for the administration of subheading 9802.00.90, HTSUS.

One such policy under the Special Regime Program permitted limited use of foreign origin "findings and trimmings" in assembly operations, provided that such findings and trimmings do not exceed 25 percent of the cost of the components of the assembled product. Examples of findings and trimmings are sewing thread, hooks and eyes, snaps, buttons, "bow buds," lace trim, zippers, including zipper tapes, and labels. See 53 Fed. Reg. 15724, 15726 (May 3, 1988).

The exception for findings, trimmings and elastic strips under the Special Regime Program, was necessarily intended to be of a restrictive nature, as the intent of the statute was to ensure that all fabric components be formed and cut in the U.S. In this regard, it is noted, for example, that the exception for foreign-origin elastic strips was limited to strips of less than one inch in width. This exception applied to brassiere straps only, and thus could not be used for a more substantial component, such as waistbands, which are in excess of one inch in width. Id.

The term "findings" has been defined as "threads, tapes, buttons, bindings, hooks and eyes, slide fasteners, featherbone, belting, braids, and other sewing essentials used in garment making"and the term "trimming" is defined as "decoration or ornamental parts." See M. Picken, The Fashion Dictionary, (1973). "Findings" have also been defined as "a term referring to supplementary fabrics employed in making a garment such as zipper tapes, lining, pocketing, and waistband." See I. Wingate, Fairchild's Dictionary of Textiles (1970). While "findings and trimmings" for purposes of the Special Regime Program are not specifically defined, the examples set forth above, such as thread, lace trim and labels (as well as elastic trim less than one inch in width), are indicative of the types of components which may be considered exceptions to the requirement that all fabric components be formed and cut in the U.S.

You advise that the only foreign components which will be used to make the baseball-style hats are embroidery thread, cotton bias tape and button tacks. Although the specific examples of "findings and trimmings" set forth by the Committee for the Implementation of Textile Agreements (CITA), in the Federal Register notice cited above include "sewing thread" rather than "embroidery thread" which is used upon the hats under consideration, the two are substantially similar in nature and therefore, we find that embroidery thread qualifies as a "finding or trimming" for purposes of subheading 9802.00.90, HTSUS. Although the button tack at issue, when covered with fabric and used in conjunction with the button shell and button back, is intended as a decorative, permanent joinder of the hat panels, it is indistinguishable from a button designed for repeated use, and therefore we find that the button tack also qualifies as a "finding or trimming" for purposes of 9802.00.90, HTSUS. With regard to the cotton bias tape, Customs has previously held that reinforcing tape is a "finding or trimming" because it is analogous to zipper tape (see HRL 559552, dated February 14, 1996 and HRL 560398, dated July 29, 1997). Thus, the foreign origin embroidery thread, cotton bias tape and button tacks are considered "findings and trimmings" as those terms are defined in the policy directives issued in connection with the Special Regime Program, and their use will not disqualify the article from eligibility for preferential duty treatment under subheading 9802.00.90, HTSUS, provided that the cost of these components does not exceed 25 percent of the cost of the components of the assembled hats.

Because subheading 9802.00.90, HTSUS, was intended as a successor provision to subheading 9802.00.80.10, HTSUS, with respect to certain textile and apparel goods assembled in Mexico, the regulations under subheading 9802.00.80, HTSUS, may be instructive in determining whether an assembly process would render an article eligible for the beneficial duty treatment accorded by subheading 9802.00.90, HTSUS. (In this regard, however, as distinguished from subheading 9802.00.80, HTSUS, it is noted that subheading 9802.00.90 requires only that all fabric components be formed and cut in the U.S., and that only such components, in whole or in part, need be exported from the U.S. in condition ready for assembly without further fabrication.)

Section 10.14(a), Customs Regulations (19 CFR 10.14(a)), states in part that: [t]he components must be in condition ready for assembly without further fabrication at the time of their exportation from the United States to qualify for the exemption. Components will not lose their entitlement to the exemption by being subjected to operations incidental to the assembly either before, during, or after their assembly with other components.

Section 10.16(a), Customs Regulations (19 CFR 10.16(a)), provides that the assembly operation performed abroad may consist of any method used to join or fit together solid components, such as welding, soldering, riveting, force fitting, gluing, laminating, sewing, or the use of fasteners.

Operations incidental to the assembly process are not considered further fabrication operations, as they are of a minor nature and cannot always be provided for in advance of the assembly operations. However, any significant process, operation or treatment whose primary purpose is the fabrication, completion, physical or chemical improvement of a component precludes the application of the exemption under subheading 9802.00.80, HTSUS, to that component. See, 19 CFR 10.16(c). Examples of operations incidental to the assembly process include trimming, filing, or cutting off of small amounts of excess materials, and cutting to length of wire, thread, tape, foil and similar products exported in similar length (19 CFR 10.16(b)(4) and (b)(6)).

With respect to the embroidery of the design on the front panel of the hats, we need not determine whether this operation constitutes an operation incidental to the assembly process since subheading 9802.00.90, HTSUS, requires only that the "fabric components, in whole or in part " (emphasis added) satisfy the three conditions identified in this provision under (a), (b), and (c). See Presidential Proclamation 6821 dated September 13, 1995 (60 FR 47663). In the first proposed production scenario, none of the fabric components exported to Mexico are subject to embroidery operations. In the second proposed production scenario, only three of the fabric components (two twill panels and a backing panel) are subjected to the embroidery process. Therefore, regardless of whether or not the embroidery of the front panel of the hat constitutes an operation incidental to the foreign assembly process, this operation will not preclude the hat from receiving the benefits of this tariff provision (see HRL 559780, dated May 19, 1997). With regard to the remainder of the operations performed in Mexico, in the first proposed production scenario, the sewing and force fitting of the button, and in the second proposed production scenario, the sewing, laminating and force-fitting of the button operations which are used to join the fabric components, or to join fabric components to other items, are acceptable assembly operations for purposes of 19 CFR 10.16(a). Therefore, under either proposed production scenario, the baseball-style hats assembled in Mexico from fabric components wholly formed and cut in the U.S. will qualify for duty-free treatment under subheading 9802.00.90, HTSUS, provided the foreign-origin embroidery thread, reinforcing tape and button tacks do not exceed 25% of the cost of the components of the finished hat.

II. Eligibility for preferential tariff treatment under NAFTA

The second issue concerns whether the imported "baseball-style" hats are entitled to preferential tariff treatment under NAFTA. Article 401 of NAFTA is incorporated into General Note 12, HTSUS. In order to be eligible for tariff preferences under the NAFTA, goods must be "originating goods" pursuant to the rules of origin in General Note 12(b), HTSUS, which provides, in pertinent part, as follows:

For 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 material 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.

Inasmuch as the facts presented state that certain materials utilized in the assembly of the finished "baseball-style" hats are not NAFTA-originating materials (e.g., the embroidery thread, the reinforcing tape and the button tacks), General Note 12(b)(i) and (iii) are inapplicable. Thus, we will consider whether the subject hats are considered originating under General Note 12(b)(ii)(A), which provides for the transformation of goods in the territory of Canada, Mexico and/or the United States in accordance with specific rules.

As previously indicated, the finished "baseball style" hats are classifiable under subheading 6505.90, HTSUS. With respect to General Note 12(b)(ii)(A), the applicable tariff shift rule under General Note 12(t)/65.1 requires "[a] A change to headings 6503 through 6507 from any heading outside that group." Because the non-originating materials, initially classified under subheading 5208.31, HTSUS (cotton bias tape), subheading 5403.31, HTSUS (embroidery thread) and subheading 7317.00, HTSUS (button tacks) are subsequently classified under subheading 6505.90, HTSUS, as a result of assembly operations in Mexico, the non-originating materials satisfy the tariff shift rule in General Note 12(t)/65.1, HTSUS. Accordingly, assuming that all other components used in the assembly of the hats are, in fact, "originating materials," the finished baseball-style hats qualify as an "originating good" pursuant to General Note 12(b)(ii), HTSUS, and are eligible for preferential tariff treatment under the NAFTA.

General Note 12(a), HTSUS, provides, in pertinent part, that:

(ii) Goods that originate in the territory of a NAFTA party under subdivision (b) of this note and that qualify to be marked as goods of Mexico under the terms of the marking rules ....and are entered under a subheading for which a rate of duty appears in the "Special" subcolumn followed by the symbol "MX" in parentheses, are eligible for such duty rate....

(Emphasis added). Thus, by operation of General Note 12, the eligibility of a particular article for NAFTA duty preference is predicated, in part, upon a determination that the origin of the finished article is Mexico.

On December 8, 1994, the President signed into law the Uruguay Round Agreements Act (URAA) (Pub.Law 103-465, 108 Stat. 4809). Subtitle D of Title III addresses textiles and includes section 334 (codified at 19 U.S.C. 3592) which provides rules of origin for textiles and apparel products.

Paragraph (a) of section 334 provides that the Secretary of the Treasury shall prescribe rules implementing the principles contained in paragraph (b) for determining the origin of "textiles and apparel products." Accordingly, on September 5, 1995, Customs published section 102.21, Customs Regulations (19 CFR 102.21), in the Federal Register, implementing Section 334 (60 FR 46188). Thus, effective July 1, 1996, the country of origin for a textile or apparel product is determined by a sequential application of the origin rules set forth in paragraphs (c)(1) through (5) of section 102.21.

The initial question to be addressed is whether the baseball-style hats at issue qualify as a "textile and apparel good" for purposes of 19 CFR 102.21. Section 102.21(b)(5,), Customs Regulations (19 CFR 102.21(b)(5)), provides that a "textile or apparel product" is any good classified in Chapters 50 through 63, HTSUS, and any good classifiable under certain enumerated HTSUS headings or subheadings, which includes subheading 6505.90, HTSUS. Thus, under the facts presented, the baseball-style hats qualify as a "textile and apparel good" for purposes of the 19 CFR 102.21 rules of origin.

Section 102.21(c)(1), Customs Regulations (19 CFR 102.21(c)(1)), states that "the country of origin of a textile or apparel product is the single country, territory, or insular possession in which the good was wholly obtained or produced." Inasmuch as fabric components from the U.S. and other non-fabric components (i.e., "findings and trimmings") from Pakistan and Germany are processed into hats in Mexico, the subject merchandise is not wholly obtained or produced in a single country, territory, or insular possession, paragraph (c)(1) of section 102.21 is inapplicable.

Section 102.21(c)(2), Customs Regulations (19 CFR 102.21(c)(2)), provides:

[w]here the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1) of this section, the country of origin of the good is the single country, territory, or insular possession in which each foreign material incorporated in that good underwent an applicable change in tariff classification, and/or met any other requirement, specified for the good in paragraph (e) of this section.

Section 102.21(e) states "[t]he following rules shall apply for purposes of determining the country of origin of a textile or apparel product under paragraph (c)(2) of this section:"

6505.90 (1) If the good consists of two or more components, a change to subheading 6505.90 from any other heading, provided that the change is the result of the good being wholly assembled in a single country, territory, or insular possession....

You indicate that all components utilized in the construction of the subject merchandise are either of Pakistani, U.S. or German origin. Thus, all are foreign materials, (i.e., non-Mexican), which must meet the specific tariff shift rule for this item. Under the facts provided, materials initially classified under subheading 3926.90, HTSUS ( " space buckle), subheading 4810.91, HTSUS (OFSA size strip), subheading 5208.31, HTSUS (cotton bias tape), subheading 5208.33, HTSUS (white alpine twill), subheading 5401.10, HTSUS (sewing thread), subheading 5403.31, HTSUS (MA embroidery thread), subheading 5407.42, HTSUS (fusible #707 cap front stay), subheading 5407.90 (embroidery backing), subheading 5806.32, HTSUS ( " Poly Pro Webbing), subheading 5807.90, HTSUS (Paramount silky label), subheading 6507.00, HTSUS (pre cut .085 V-1 Texon visor, #2 twill premade sweatband), subheading 7317.00, HTSUS (button tacks) and subheading 9606.30, HTSUS (button shell, button back) are subsequently classified under subheading 6505.90, HTSUS, as a result of assembly operations in Mexico. Additionally, the rule strictly requires that the change in tariff classification result from being "wholly assembled" in a single country, territory or insular possession. The definition of the term "wholly assembled" is found in 19 CFR 102.21(b)(6), which states:

The term "wholly assembled" when used with reference to a good means that all components, of which there must be at least two, preexisted in essentially the same condition as found in the finished good and were combined to form the finished good in a single country, territory, or insular possession. Minor attachments and minor embellishments (for example, appliques, beads, spangles, embroidery, buttons) not appreciably affecting the identity of the good, and minor subassemblies (for example, collars, cuffs, plackets, pockets), will not affect the status of a good as "wholly assembled" in a single country, territory, or insular possession.

In the second proposed production scenario, the hat components are cut in the United States and exported to Mexico for assembly. Because all assembly operations take place in Mexico, the hats are "wholly assembled" in a single country within the meaning of 19 CFR 102.21(b)(6). Inasmuch as all foreign materials undergo the applicable tariff shift as a result of assembly processes in Mexico, the country of origin of the finished hats under the second proposed manufacturing scenario is Mexico, pursuant to 19 CFR 102.21(c)(2). Accordingly, pursuant to General Note 12(a)(ii), the hat produced under the second scenario will be eligible for NAFTA duty preference at the "MX" rate.

However, in the first proposed manufacturing scenario, the hat components are cut, the front panels of the hat are laminated to the stay material, the front panels are sewn together for embroidery, reinforcing tape is sewn to the resulting single front panel and the single front panel is embroidered in the United States prior to exportation to Mexico for further assembly. Because the subject merchandise undergoes assembly operations in the United States and Mexico, it is not wholly assembled in a single country, territory, or insular possession, and the country of origin of the hats may not be determined under section 102.21(c)(2), Customs Regulations (19 CFR 102.21(c)(2)).

Section 102.21(c)(3), Customs Regulations (19 CFR 102.21(c)(3)), determines origin for goods that have been wholly assembled (with certain enumerated exceptions) in a single country, insular possession, or territory, or which are knit to shape. The term "knit to shape" is defined in 19 CFR 102.21(b)(3) in the following manner:

The term knit to shape applies to any good of which 50 percent or more of the exterior surface area is formed by major parts that have been knitted or crocheted directly to the shape used in the good, with no consideration be given to patch pockets, appliques, or the like. Minor cutting, trimming, or sewing of those major parts will not affect the determination of whether a good is "knit to shape."

Because the baseball-style hats are not wholly assembled in a single country, insular possession, or territory, and are not knit to shape, section 102.21(c)(3) is inapplicable, and the country of origin of the hats may not be determined in accordance with this section.

Section 102.21(c)(4), Customs Regulations (19 CFR 102.21(c)(4)), which provides the first multi-country rule, provides:

Where the country of origin of a textile or apparel product cannot be determined under paragraph (c)(1), (2) or (3) of this section, the country of origin of the good is the single country, territory, or insular possession in which the most important assembly or manufacturing process occurred.

With regard to the first proposed production scenario, the most important assembly operation occurs in Mexico, where the embroidered front panel is joined to the remaining panels, the reinforcing tape is sewn to the seams, the back opening is bound, the size strip is attached, the buttons are made, the visors are made and the button, visor, labels, sweatband, and backstrap with buckles are attached. Although several components are joined together in the United States, the hat is substantially constructed in Mexico. Accordingly, the country of origin of the "baseball-style" hats under the first proposed production scenario is Mexico, the country where the most important assembly operation occurs, pursuant to 19 CFR 102.21(c)(4). Accordingly, pursuant to General Note 12(a)(ii), the hat produced under the first scenario will be eligible for NAFTA duty preference at the "MX" rate.

HOLDING:

1) Based on the information provided, a baseball-style hat classifiable under subheading 6505.90, HTSUS, qualifies as a "textile and apparel good" pursuant to Appendix 1.1 of Annex 300-B of the North American Free Trade Agreement (NAFTA) for purposes of determining its eligibility under subheading 9802.00.90, HTSUS.

2) Based on the information submitted, the baseball-style hats assembled in Mexico, under both proposed production scenarios, from fabric components wholly formed and cut in the U.S. will qualify for duty-free treatment under subheading

9802.00.90, HTSUS, provided the cost of all foreign findings and trimmings do not exceed 25 percent of the cost of the components of the assembled article.

3) Based on the information provided, the imported baseball-style hats are considered to be a good of Mexico under the textile rules of origin set forth at 19 CFR 102.21 and the non-originating materials used in the manufacture of the hats satisfy the required change in tariff classification under General Note 12(t), HTSUS. Accordingly, the finished baseball-style hats are eligible for the "MX" NAFTA duty rate pursuant to General Note 12(b)(ii)(A), HTSUS.

The holding set forth above applies only to the specific factual situation and merchandise identified in the ruling request. This position is clearly set forth in section 19 CFR 177.9(b)(1), which states that a ruling letter is issued on the assumption that all information furnished in connection with the ruling request and incorporated therein, either directly, by reference, or by implication, is accurate and complete in every material respect. Should it be subsequently determined that the information furnished is not complete and does not comply with 19 CFR 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 eligibility for preferential duty treatment.

A copy of this ruling letter should be attached to the entry documents filed at the time the goods are entered. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

John Durant
Director
Commercial Rulings Division