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NY C85732

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April 13, 1998

CLA-2-62:RR:NC:3:TA:355 C85732

CATEGORY: CLASSIFICATION

TARIFF NO.6207.11.0000, 6207.91.1000.

Ms. Michele R. Markowitz
Grunfeld, Desiderio, Lebowitz & Silverman LLP 245 Park Avenue
New York, NY 10167-3397

RE: The tariff classification of woven garments from Mexico.

Dear Ms. Markowitz:

In your letter dated March 23, 1998 you requested a tariff classification ruling on behalf of your client International Trade Services, Inc. In NY C83405, based on the information received, we classified the two samples submitted with your current request as not being NAFTA eligible. The following ruling is based on the additional information you have submitted. As requested your samples are being returned to you.

Two samples were submitted. Style BCU is a pair of men's woven cotton flannel boxer shorts. It has an elasticized waistband and an unsecured fly front opening. It weighs 4.2 ounces per square yard. The side length of the garment measures approximately 15 inches. The leg opening measures approximately 12 3\4 inches and the relaxed waist measures approximately 14 inches. A Georgetown logo is embroidered on the left leg. Style LTB is a man's woven cotton flannel robe. It has long sleeves, a full frontal opening, two belt loops, a self belt closure and two pockets below the waist.

The fabric to make both garments is manufactured in China and cut and sewn into the finished garments in Mexico. Noting Additional U.S. Note 3(b) to Section XI, HTSUS, the samples submitted are eligible for a Tariff Preference Level (TPL); a TPL provides for a Customs duty at a preferential (NAFTA) rate to imports of a particular good up to the specified quantity, indicated in Additional U.S. Note 3(g)(i), upon compliance with all applicable regulations.

The applicable subheading for style BCU will be 6207.11.0000, Harmonized Tariff Schedule of the United States (HTS), which provides for men's woven underpants of cotton. It has a free rate of duty for goods which qualify for the TPL. The textile category is 352.

The applicable subheading for style LTB will be 6207.91.1000, HTS, which provides for men's woven bathrobes of cotton. The rate of duty is 1.7% ad valorem for goods which qualify for the TPL. The textile category is 350.

The special statistical reporting number 9999.00.60, HTSUS, is required with the above classifications for apparel goods imported from Mexico under the terms of Additional U.S. Note 3 to section XI of the HTSUS.

The textile categories 350 and 352 are not subject to absolute quota.

This ruling is being issued under the provisions of Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director

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See also:

• Tariff No.: 6207.11.00 - Men's or boys' underpants and briefs, not knitted or crocheted, of cotton
• Tariff No.: 6207.91.10 - Men's or boys' bathrobes, dressing gowns and similar articles, not knitted or crocheted, of cotton
• Tariff No.: 9999.00.60 - Imports of cotton or manmade fiber apparel from Mexico described in additional US note 3(b) to section XI except as provided in (d) and (e)