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HQ 226610

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August 5, 1996

DRA-4-RR:IT:EC 226610 LTO

CATEGORY: DRAWBACK

Mr. Michael O'Neill
O'Neill & Whitaker, Inc.
1809 Baltimore Avenue
Kansas City, Missouri 64108

RE: Unused merchandise drawback; 19 U.S.C. 1313(j)(1); HQ 225855

Dear Mr. O'Neill:

This is in response to your letter of October 24, 1995, on behalf of Winning Ways, Inc., concerning the applicability of unused merchandise drawback to wearing apparel.

FACTS:

Wearing apparel, such as jackets, sweatshirts, sport shirts, etc., is imported in finished form into the United States from various countries in the Far East and Central America. In the United States, lettering or other decorations are sewn onto the products, which are then shipped to various countries throughout the world.

ISSUE:

Whether the wearing apparel is eligible to receive "unused merchandise" drawback under 19 U.S.C. 1313(j)(1).

LAW AND ANALYSIS:

The holding in HQ 225855, which was issued to you on October 5, 1995, is controlling with regard to the situation described

HOLDING:

The wearing apparel is eligible to receive "unused merchandise" drawback under 19 U.S.C. 1313(j)(1).

Sincerely,

Director, International Trade

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