CLA-2 CO:R:C:T 956361 PR

Mr. David King
7308 Haverford
Dallas, TX 75214

RE: NAFTA Eligibility and Classification of Table Coverings Dear Mr. King:

This is in further reply to your letter of March 30, 1994, on behalf of the Macra Lace Company, concerning the status of table coverings under the North American Free Trade Agreement (NAFTA). You also requested information on county of origin marking and the applicability of subheading 9802.00.90, Harmonized Tariff Schedule of the United States Annotated (HTSUSA). That information was furnished to you in Headquarters Ruling Letter (HQ 557870), dated July 6, 1994. Our ruling on the classification and NAFTA status of the table coverings follows.

FACTS:

You state that the goods will be made from fabric which is knit in the United States on a Mayer double jacquard machine from polyester fibers extruded in the United States. We assume that the continuous filament yarns used in the fabric are formed in the United States from the extruded filaments. The fabric is finished in the United States and sent in rolls to Mexico where it is hand cut into separate units which are returned to the United States.

Our Office of Laboratory and Scientific Services has examined a sample and advised this office that the fabric was made by a warp knitting machine.

ISSUE:

The issue presented is whether the table coverings produced in NAFTA countries are qualifying goods under the NAFTA and how are they classified. -2-

LAW AND ANALYSIS:

Imported goods are classifiable according to the General Rules of Interpretation (GRI's) of the Harmonized Tariff Schedule of the United States (HTSUSA). GRI 1 provides that for legal purposes, classification shall be determined according to the terms of the headings in the tariff and according to any pertinent section or chapter notes. It appears that GRI 1 governs the classification of the subject merchandise.

Heading 6302, Harmonized Tariff Schedule of the United States (HTSUS), expressly provides for, among other things, table linen. No other tariff provision describes the subject merchandise. Accordingly, the subject goods are classifiable under that heading, in subheading 6302.40.20, HTSUS, which provides for knitted table linen of material other than vegetable fibers.

The NAFTA eliminates tariffs on most goods originating in Canada, Mexico, and the United States, over a maximum transition period of fifteen years. Generally, tariffs only will be eliminated on goods that "originate", as defined in Article 401, NAFTA. Article 401 states that a good is "originating" if (1) it is wholly obtained or produced in the NAFTA region; (2) it is produced in the NAFTA region wholly from originating materials; (3) each of the nonoriginating materials used in the production of the good undergoes the applicable tariff shift set out in Annex 401 and any other applicable requirements of that Annex; or (4) it is unassembled, or is classified with its parts, and does not meet the Annex 401 requirements but contains either 60 percent regional value content using the transaction method or 50 percent regional value content using the net cost method.

In this instance, since we do not know the origin of the plastic material from which the filaments were extruded, there is insufficient information to determine if the table coverings are "wholly" produced in the NAFTA region. However, the process of extruding plastic material into filaments, converting those filaments into yarns of chapter 54, HTSUS, and creating a fabric from those yarns, causes that fabric to be "originating" for purposes of the NAFTA. Accordingly, the table coverings which are cut in Mexico are wholly made from originating materials and are, therefore, themselves originating.

Note 2 of subchapter II, chapter 98, HTSUS, provides that products of the United States which are returned after having been advanced in value or improved in condition abroad shall be treated as foreign articles. Accordingly, the table coverings are dutiable under the NAFTA as products of Mexico. -3-

HOLDING:

The table coverings are classifiable under the provision for other knitted table linen, in subheading 6302.40.20, HTSUS. Under the facts presented, the table coverings are wholly produced in the NAFTA region. Accordingly, they are qualifying goods for purposes of the NAFTA and are dutiable at the rate of 7.1 percent ad valorem.

This ruling is issued pursuant to the provisions of sections 181.91 through 181.102, Customs Regulations (19 CFR 181.91-102). If the specific factual situation is not as described above, this ruling may not be valid. In such an event, it is recommended that a new ruling request be submitted.


Sincerely,

John Durant, Director
Commercial Rulings Division