The tariff classification and status under the North American Free Trade Agreement (NAFTA), of re-embroidered Leavers lace fabric from Mexico.

NY 898355 June 6, 1994 CLA-2-58:S:N:N6:351 898355 CATEGORY: Classification TARIFF NO.: 5810.92.0080 Mr. Sidney Freidin Sidney Freidin, Inc. P.O. Box 1029 Laredo, TX 78042 RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of re-embroidered Leavers lace fabric from Mexico. Dear Mr. Freidin: In your letter dated May 18, 1994, on behalf of your Encajes Mexicanos, S.A. de C.V., Mexico, you requested a ruling on the tariff classification and status under NAFTA, of re-embroidered Leavers lace fabric from Mexico. You have submitted a sample of re-embroidered Leavers lace fabric identified as pattern Re-embroidered Volant 5102/SO. It is a decorative open-work fabric with a floral design. The fabric is made of 48.71 % polyamide, 30.12% viscose, 18.53% cotton and 2.64% polyester. We assume that this breakdown is by weight, not value. In the Mexican manufacture's statement submitted by your office on June 3, 1994, the fabric is said to be made in Mexico on a Leavers "knit" machine; we believe that the fabric is of real Leavers lace construction, not raschel knitted construction. You also indicate that the re-embroidery is done in Mexico. Re-embroidery consists of sewing gimped yarns on to the base material to highlight and outline the lace pattern. The fabric will be exported from Mexico in the piece in widths of 33.5 inches. The applicable subheading for the re-embroidered lace will be 5810.92.0080, Harmonized Tariff Schedule of the United States (HTS), which provides for embroidery in the piece, in strips or in motifs; other embroidery; of man-made fibers; other; other. The duty rate will be 16 percent ad valorem. This ruling on the issue of tariff classification is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177). 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. Pursuant to Part 181 of the Customs Regulations (19 C.F.R. 181), a request for a ruling on the status of a product under NAFTA must provide sufficient detail to permit proper application of the relevant NAFTA provisions. In this case, we will require additional information in order to issue a ruling on whether these goods originate under NAFTA. You have already indicated that the formation of the lace on a Leavers machine, and the re-embroidery process, take place in Mexico. To enable us to rule on whether these goods originate under NAFTA, we will also need information on where the yarn was spun, where the fibers (whether natural or man-made fibers) were formed, and where all other processes between raw fiber and finishing occurred. As provided for in Section 181.94 of the Customs Regulations (19 CFR 181.94), you may submit this additional information within 30 days of the date of this notice. Please address any supplemental letter to this office, and refer to our file number shown above. If you have any questions in regard to this matter, please contact National Import Specialist Jeff Konzet at 212-466-5885. Sincerely, Jean F. Maguire Area Director New York Seaport