The tariff classification and status under the North American Free Trade Agreement (NAFTA), of five styles of coated/impregnated textile fabrics, from Mexico; Article 509.

NY 812576 August 23, 1995 CLA-2-39:S:N:N6:350 812576 CATEGORY: Classification TARIFF NO.: 3921.90.1950; 5603.00.9090; 5906.99.1000 Mr. Dennis Bruning Bruning International Corporation 8 Griffin Way Chelsea, Massachusetts 02150 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of five styles of coated/impregnated textile fabrics, from Mexico; Article 509. Dear Mr. Bruning: In your letter dated June 6, 1995, which was received by this office July 20,1995, on behalf of Bixby International Corporation, Newburyport, MA, you requested a ruling on the status of five coated/impregnated textile fabrics from Mexico under the NAFTA. The manufacturer is Terlan Mexicana, Guadalajara, Mexico. Five representative materials were submitted. The country of origin of all components that make up this merchandise will be the U.S.A. with the exception of coagulant WS-A, which you indicate per a recent telephone conversation, is supplied from Germany. Since this coagulant constitutes less than 1/10 of 1% of the final product, for the purposes of NAFTA, it is considered de minimis. The first item, style 30 Bixsnap, consists of a woven cotton fabric that has been thoroughly and completely saturated with a water based polystyrene latex plastic that totally obscures the yarns on both sides of the fabric. This fabric is for use in footwear as a box toe (reinforcement in the toe of the shoe) and will be produced in thicknesses of between 0.027 and 0.055 inches. The second item, style NR-30, consists of a woven cotton fabric which has been thoroughly impregnated with a formulated water based natural rubber compound. This material has application in footwear as a box toe reinforcement and will be produced in thicknesses of 0.020-0.037 inches. The third item, style Bixsuede, consists of a polyester needle punched nonwoven fabric. The needled web of staple man- made fibers has been further bonded by saturation with a formulated water based rubber compound which uniformly permeates the web, creating a nonwoven textile fabric with the fibrous nature of the material remaining. This material is used as a quarterlining material in footwear and will be produced in thicknesses of between 0.030-0.039 inches. The fourth item, styles SDX Black and STAFAX S1X White, are both similar in construction to the third item (style Bixsuede). However, they will be produced in thicknesses ranging from 0.012- 0.018 inches and will be used as a reinforcing material in footwear. The fifth and final item, style 250 Super, is also similar in construction to the third item (style Bixsuede). However, the needled web of staple man-made fibers here, has been further bonded by saturation with a formulated water based polystyrene latex compound (a plastics material). This material will be manufactured in thicknesses ranging from 0.42-0.060 inches and is also for use as a box toe shoe reinforcement. The applicable tariff provision for style 30 Bixnap will be 3921.90.1950, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for other plates, sheets, film, foil and strip, of plastics, combined with a single textile material, other, and weighing not more than 1.492kg/m2. The general rate of duty will be 5.3 percent ad valorem. The fabric, being made entirely in the territory of Mexico using materials which themselves were originating, will satisfy the requirements of HTSUSA General Note 12(b)(iii). The merchandise will therefore be entitled to a 4.2 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements. The applicable tariff provision for style NR-30 will be 5906.99.1000, HTS, which provides for rubberized textile fabrics, other than knitted or crocheted, of cotton. The general rate of duty is 5 percent ad valorem. The merchandise is entitled to a 4 percent rate of duty under the NAFTA upon compliance with all applicable laws, regulations and agreements. The applicable tariff provision for the remaining materials (styles Bixsuede, SDX Black, Stafast S1X White, and 250 Super) will be 5603.00.9090, HTS, which provides for nonwovens, whether or not impregnated, coated, covered or laminated, of staple fibers. The general rate of duty is 10 percent ad valorem. The merchandise is entitled to a 8.7 percent rate of duty under NAFTA upon compliance with all applicable laws, regulations and agreements. While you alluded to whether or not this merchandise would qualify as an assembly operation within the meaning of heading 9802..., HTS, this would not be possible noting that the raw materials supplied to Mexico from the United States underwent a substantial manufacturing operation. This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181). A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction. This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party. Sincerely, Jean F. Maguire Area Director New York Seaport