CLA-2-65:RR:NC:3:353 D85530
Ms. Judy Campbell
W.Y. Moberly, Inc.
P.O. Box 164
Sweetgrass, Montana 59484
RE: The tariff classification and status under the North
American Free Trade Agreement (NAFTA), of a hard hat sweat
band from Canada; Article 509
Dear Ms. Campbell:
In your letter dated November 26, 1998, on behalf of Comfort
Bands Int., you requested a ruling on the status of a hard hat
sweat band from Canada under the NAFTA.
The submitted sample is a hard hat sweat band. It is made
from terry cloth and has hook and loop closure tape to secure it
to the suspension systems of headgear. The terry cloth is made
in the Czech Republic and the closure tape is made in Taiwan. In
Canada, the terry cloth is cut into long strips and then the
closure tape is sewn on. The band is then cut to size, notched
and the edges are serged for durability. Each hard hat sweat
band is individually packaged or packaged in bulk with toppers or
inserts stating the origin of the product.
The applicable tariff provision for the hard hat sweat band
will be 6507.00.0000, Harmonized Tariff Schedule of the United
States Annotated (HTSUSA), which provides for "Headbands,
linings, covers, hat foundations, hat frames, peaks (visors) and
chinstraps, for headgear." The general rate of duty will be 0.3%
ad valorem for 1998 and free for 1999.
Each of the non-originating materials used to make the hard
hat sweat band has satisfied the changes in tariff classification
required under HTSUSA General Note 12(t)/65. The hard hat sweat
band will be entitled to a free rate of duty under the NAFTA upon
compliance with all applicable laws, regulations, and agreements.
The hard hat sweat band is not subject to the Textile Fiber
Products Identification Act. It is not necessary that the hard
hat sweat band be marked with the country of origin on a sewn in
label. However, with regard to the permanency of a marking,
section 134.41(a), Customs Regulations (19 CFR 134.41(a)),
provides that as a general rule marking requirements are best met
by marking worked into the article at the time of manufacture.
For example, it is suggested that the country of origin on metal
articles be die sunk, molded in, or etched. However, section
134.44, Customs Regulations (19 CFR 134.44), generally provides
that any marking that is sufficiently permanent so that it will
remain on the article until it reaches the ultimate purchaser
unless deliberately removed is acceptable.
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 Kenneth
Reidlinger at 212-466-5881.
Sincerely,
Robert B. Swierupski
Director,
National Commodity
Specialist Division