NY C88292

June 8, 1998

CLA-2-63:RR:NC:TA:354 C88292

CATEGORY: Classification

TARIFF NO.: 6116.93.8800; 6307.90.9989

Mr. Christopher J. Ryan

Lakeland Industries, Inc.

711-2 Koehler Avenue

Ronkonkoma, New York 11779-7410

RE: The tariff classification and status under the North American

Free Trade Agreement (NAFTA), of gloves and an arm protector

from Mexico; Article 509

Dear Mr. Ryan:

In your letter dated May 20, 1998, you requested a ruling on

the classification and status of apparel from Mexico under the

NAFTA.

Two samples were submitted for classification. Model 2300 is

a string knit glove constructed of kevlar yarn with a ribbed knit

elasticized cuff.

The 4000 series knit sleeve is a snug and rugged arm protector

constructed of knitted kevlar material. The arm protectors are

available with thumbhole and thumbstitch options in lengths up to

31 inches.

You have indicated that the fiber and yarns for both articles

will be made in United States, followed by knitting and production

in Mexico.

The applicable subheading Model 2300 will be 6116.93.8800,

Harmonized Tariff Schedule of the United States (HTSUSA), which

provides for Gloves, mittens and mitts, knitted or crocheted:

other: of synthetic fibers: other: other: without fourchettes. The

duty rate will be 19.3 percent ad valorem.

The applicable subheading for 4000 series knit sleeve will be

6307.90.9989, HTS, which provides for Other made up articles,

including dress patterns: other: other . . . other: other. The

general rate of duty will be 7 percent ad valorem.

All styles, being made entirely in the territories using

materials which themselves were originating, will satisfy the

requirements of HTSUSA General Note 12(b)(iii). The glove is

entitled to a 3.1 percent rate of duty and the arm protector is

entitled to a free rate of duty under the NAFTA upon compliance

with all applicable laws, regulations, and agreements.

In your letter you also questioned the tariff classification

of a finished garment made of woven fabric (HTS 5407.61.9945).

Please be advised that in order to classify any wearing apparel

item, a sample must be submitted for review.

This ruling is being issued under the provisions of Part 181

of the Customs Regulations (19 C.F.R. 181).

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 Brian Burtnik at 212-466-5880.

Sincerely,

Robert B. Swierupski

Director,

National Commodity

Specialist Division