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NY H83790




July 20, 2001

CLA-2-:RR:NC:TA:358 H83790

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3532, 6204.63.3540

Ms. Anna Lynn
Import Export Assistant
Augusta Sportswear
P.O.Box 14939
Augusta, GA 30919-0939

RE: The tariff classification and status under the North American Free Trade Agreement (NAFTA), of unisex shorts from Mexico; Article 509

Dear Ms. Lynn:

In your letter dated July 11, 2001, you requested a ruling on the status of unisex shorts from Mexico under the NAFTA.

The submitted samples, Style 575 and Style 576, are respectively, camp style athletic shorts for adults and children. The shorts have pull-on styling with fully elasticized waistbands and slash pockets at the sides. The items are made of woven khaki fabric that is 65 percent polyester and 35 percent cotton. The shorts are cut and assembled in Mexico from fabric that is made in the United States from United States origin yarns and fibers.

The applicable tariff provision for the adult shorts, Style 575, will be 6204.63.3532, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, among other articles, women’s shorts, of synthetic fibers. The applicable tariff provision for the children’s shorts, Style 576, will be 6204.63.3540, Harmonized Tariff Schedule of the United States Annotated (HTSUSA), which provides for, among other articles, girls’ shorts, of synthetic fibers. The general rate of duty will be 29.1 percent ad valorem.

The shorts, Style 575 and Style 576, 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 free rate of duty under the NAFTA upon compliance with all applicable laws, regulations, and agreements.

This ruling is being issued under the provisions of Part 181 of the Customs Regulations (19 C.F.R. 181).

This ruling letter is binding only as to the party to whom it is issued and may be relied on only by that party.

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 Bruce Kirschner at 212-637-7079.

Sincerely,

Robert B. Swierupski
Director,

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