CLA-2-61:RR:NC:TA:355 C88131
Ms. Judith L. Cassidy
Sport Edition USA
1483 Washington Avenue
Vineland, NJ 08361
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of knit nylon
swimwear from Mexico; Article 509
Dear Ms. Cassidy:
In your letter dated May 8, 1998 you requested a ruling on
the status of knit nylon swimwear from Mexico under the NAFTA.
Two samples were submitted. A pair of boys' knit brief swim
trunks composed of 80% nylon and 20% elastrano. It has a
elasticized waistband, a partial liner and a functional
drawstring. A knit one piece women's tank top swimsuit composed
of 80% nylon and 20% elastrano. It is fully lined.
The applicable tariff provision for the boys' swimwear will
be 6112.31.0020, Harmonized Tariff Schedule of the United States
Annotated (HTSUSA), which provides for boys' knit swimwear of
synthetic fibers. The general rate of duty will be 26.9% ad
valorem.
The applicable tariff provision for the women's swimwear
will be 6112.41.0010, (HTS), which provides for women's knit
swimwear of synthetic fibers of fabric containing by weight 5% or
more of elastomeric yarn or rubber thread. The general rate of
duty is 25.9% ad valorem.
The fabric for the garments is manufactured in Mexico from
fiber extruded in Mexico. The elastrano yarn is produced in the
U.S. from fiber extruded in the U.S. The garments are knit and
sewn in Mexico.
The garments, being wholly obtained or produced entirely in
the territory of a NAFTA party, will meet the requirements of
HTSUSA General Note 12(b)(i), and will therefore be entitled to a
free rate of duty under the NAFTA upon compliance with all
applicable laws, regulations, and agreements.
This ruling is being issued under the provisions of Part 181
of the Customs Regulations (19 C.F.R. 181).
This ruling letter is binding only as to the party to whom
it is issued and may be relied on only by that party.
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.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division