CLA-2-62:OT:RR:NC:N3:360
Mr. Younggeon Wi
Samsol, S.A.
Km 37.5 Carretera Interamericana,
Santiago Sacatepequez 03006
Guatemala
RE: The tariff classification and status under the Dominican Republic-Central America-United States Free
Trade Agreement (DR-CAFTA) of women’s trousers
Dear Mr. Wi:
In your letter dated March 1, 2024, you requested a ruling on the classification and status under the
DR-CAFTA of women’s trousers from Guatemala. Our response was delayed due to laboratory analysis,
during which the samples you submitted were destroyed.
Style GTGH-10987 is constructed of 77% rayon, 20% nylon, and 3% elastomeric woven fabric. The pull-on
trousers feature two faux front pockets, two rear patch pockets, and hemmed leg openings.
Style PG589 is constructed of 78% rayon, 19% nylon, and 3% elastomeric woven fabric. The pull-on trousers
feature two faux front pockets, two rear patch pockets, and hemmed leg openings.
Style YD-85216 is constructed of 78% rayon, 19% nylon, and 3% spandex woven fabric. The pull-on
trousers feature two faux front pockets, two rear patch pockets, and hemmed leg openings.
The applicable subheading for styles GTGH-10987, PG589, and YD-85216 will be 6204.69.2810,
Harmonized Tariff Schedule of the United States (HTSUS), which provides for Women’s or girls’ suits,
ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches
and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of other textile
materials: Other: Of artificial fibers: Trousers, breeches and shorts: Other: Trousers and breeches: Women’s.
The duty rate will be 28.6 percent ad valorem.
You state that styles GTGH-10987, PG589, and YD-85216 are cut, sewn, and assembled in Guatemala from
fabric of Chinese origin, and that the finished garments will be exported directly from Guatemala to the
United States. You have asked whether the trousers are eligible for preferential duty treatment under the
DR-CAFTA in accordance with paragraph 2 of the Office of Textiles and Apparel’s (OTEXA) DR-CAFTA
short supply list (Annex 3.25). Specifically, your inquiry concerns whether the trousers are eligible for
DR-CAFTA preference pursuant to short supply number 150.
General Note 29, HTSUS, sets forth the criteria for determining whether a good is originating under the
DR-CAFTA. General Note 29(b), HTSUS, (19 U.S.C. § 1202) states, in pertinent part, that
For the purposes of this note, subject to the provisions of subdivisions (c), (d), (m) and (n) thereof, a good
imported into the customs territory of the United States is eligible for treatment as an originating good under
the terms of this note if-
(i) the good is a good wholly obtained or produced entirely in the territory of one or more of the parties to the
Agreement;
(ii) the good was produced entirely in the territory of one or more of the parties to the Agreement, and-
(A) each of the non-originating materials used in the production of the good undergoes an applicable change
in tariff classification specified in subdivision (n) of this note; or
(B) the good otherwise satisfies any applicable regional value content or other requirements specified in
subdivision (n) of this note;
and the good satisfies all other applicable requirements of this note; or
(iii) the good was produced entirely in the territory of one or more of the parties to the Agreement exclusively
from originating materials.
Because the fabric of the garments is produced in China, the garments are neither wholly obtained or
produced within the DR-CAFTA territory, nor produced within the DR-CAFTA territory exclusively from
originating materials. Therefore, styles GTGH-10987, PG589, and YD-85216 must satisfy the
product-specific rule of origin, set out in GN 29(n)/62.29, that applies to the tariff classification
(6204.69.2810, HTSUS). This rule requires:
A change to subheadings 6204.61 through 6204.69 from any other chapter, except from headings
5111 through 5113, 5204 through 5212, 5310 through 5311, chapter 54, headings 5508 through 5516,
5801 through 5802 or 6001 through 6006, provided that the good is cut or knit to shape, or both, and
sewn or otherwise assembled in the territory of one or more of the parties to the Agreement.
The fabric of styles GTGH-10987, PG589, and YD-85216 is classified in heading 5516, HTSUS. Because
this heading is listed as an exception in the above-noted rule of origin, this rule is not satisfied.
However, GN 29(m)(viii)(B) states, in pertinent part:
An apparel good of chapter 61 or 62 of the tariff schedule and imported under heading 9822.05.01 of the
tariff schedule shall be considered originating if it is cut or knit to shape, or both, and sewn or otherwise
assembled in the territory of one or more of the parties to the Agreement, and if the fabric of the outer shell,
exclusive of collars and cuffs where applicable, is wholly of:
(1) one or more fabrics listed in U.S. note 20 to subchapter XXII of chapter 98…
HTSUS, Chapter 98, Subchapter XXII, U.S. Note 20(a) states:
Heading 9822.05.01 shall apply to textile or apparel goods of chapters 50 through 63 and subheading 9404.90
that contain any of the fabrics, yarns or fibers set forth herein, are described in general note 29 to the tariff
schedule and otherwise meet the requirements of such general note 29.
Within HTSUS, Chapter 98, Subchapter XXII, U.S. Note 20(a) and OTEXA’s short supply list for
DR-CAFTA (Annex 3.25) is the following designated fabric:
(150) Certain Warp Stretch Woven Rayon Blend Fabrics
Fabric #1: Warp Stretch Woven Rayon, Nylon, Spandex Fabric
HTS: 5516.22.00; 5516.23.00; 5516.24.00
Fiber Content: Rayon: 67-80%; Nylon 15-35%; Spandex 2-6%
Yarn configuration:
Warp – nylon filament combined with spandex filament
Filling – rayon staple
Yarn Denier – Nylon and Spandex of various deniers
Width:
Metric: 139-153 cm
English: 55-60 inches
Weight: 220-315 grams per square meter
Thread Count (Density):
Metric: 30-74 ends per cm (warp) X 27-38 picks per cm (filling)
English: 76-185 ends per inch (warp) X 70-95 picks per inch (filling)
Weave type: Various weaves
Finish/Processing: Of yarns of different colors and/or piece dyed and/or printed.
Please note that only fabrics meeting the exact description and specifications set out above will be deemed to
be commercially unavailable and eligible to be used to qualify products for DR-CAFTA preferential
treatment pursuant to GN 29(m)(viii)(B).
The fabric of styles GTGH-10987, PG589, and YD-85216 was tested by the Customs and Border Protection
laboratory. It was determined that the fabric for styles GTGH-10987 and PG589 conforms to the exact
description and specifications set out in short supply number 150. Accordingly, styles GTGH-10987 and
PG589 are entitled to a free rate of duty under the DR-CAFTA pursuant to short supply number 150, because
they meet the requirements of HTSUS, GN 29(m)(viii)(B).
However, style YD-85216 does not qualify for DR-CAFTA short supply number 150 because the fabric does
not conform to all the specifications set out above. Specifically, the lab found the fabric to be
bleached/unbleached, and the fabric will be classified as 5516.21.00, HTSUS. To qualify for DR-CAFTA
short supply number 150, the fabric must be classified in 5516.22.00, 5516.23.00, or 5516.24.00, HTSUS.
Accordingly, style YD-85216 is not entitled to a free rate of duty under the DR-CAFTA because the garment
does not meet the requirements of HTSUS, GN 29(m)(viii)(B).
Effective April 5, 2025, Executive Orders implemented “Reciprocal Tariffs.” All imported merchandise must
be reported with either the Chapter 99 provision under which the reciprocal tariff applies or one of the
Chapter 99 provisions covering exceptions to the reciprocal tariffs. At this time, products from all countries
will be subject to an additional 10 percent ad valorem rate of duty. At the time of entry, you must report the
Chapter 99 heading applicable to your product classification, i.e. 9903.01.25, in addition to subheading
6204.69.2810, HTSUS, listed above.
Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS
and the accompanying duty rates are provided on the World Wide Web at https://hts.usitc.gov/current.
At the time of Entry/Entry Summary, you may be requested to verify the information for any specific
shipment or product.
The holding set forth above applies only to the specific factual situation and merchandise description as
identified in the ruling request. This position is clearly set forth in Title 19, Code of Federal Regulations
(CFR), Section 177.9(b)(1). This section states that a ruling letter is issued on the assumption that all of the
information furnished in the ruling letter, whether directly, by reference, or by implication, is accurate and
complete in every material respect. In the event that the facts are modified in any way, or if the goods do not
conform to these facts at time of importation, you should bring this to the attention of U.S. Customs and
Border Protection (CBP) and submit a request for a new ruling in accordance with 19 CFR 177.2.
Additionally, we note that the material facts described in the foregoing ruling may be subject to periodic
verification by CBP.
This ruling is being issued under the provisions of Part 177 of the Customs Regulations (19 C.F.R. 177).
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 Kimberly Rackett via email at [email protected].
Sincerely,
(for)
James Forkan
Acting Director
National Commodity Specialist Division