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NY L87283




October 3, 2005

CLA-2-61:RR:NC:3:353 L87283

CATEGORY: CLASSIFICATION

TARIFF NO.: 6117.90.9090

Ms. Janet M. Jenkins
Exel
4605 Coates Drive
Fairburn, GA 30213

RE: The tariff classification of a pad from Italy.

Dear Ms. Jenkins:

In your letter dated September 6, 2005, on behalf of New Holland Lingerie, you requested a tariff classification ruling. As requested, the sample will be returned to you.

The submitted sample is a “4 Way Pad” constructed of a foam pad with a layer of knit polyester fabric glued to both sides. The pad is to be sewn into a biker short and is dye cut to the shape of a man or woman’s crotch area.

The applicable subheading for the “4 Way Pad” will be 6117.90.9090, Harmonized Tariff Schedule of the United States (HTS), which provides for “Other made up clothing accessories, knitted or crocheted; knitted or crocheted parts of garments or of clothing accessories: Parts: Other, Other: of man-made fibers. The rate of duty will be 14.8 percent ad valorem.

You ask whether the pad would be treated as fabric or trim, and if the pad qualifies for treatment under the Caribbean Basin Initiative (CBI).

To answer your question regarding “treatment as a fabric or trim,” the “4 Way Pad” is neither fabric nor trim, but a part of a garment. The “4 Way Pad” would not qualify for treatment under any initiative involving a Caribbean country because it is imported into the United States from Italy and is of Italian origin.

This office believes that you meant to ask about the eligibility of a biker short made in Honduras under the Caribbean Basin Trade Partnership Act (CBTPA). If so, please provide detailed step-by-step information on the manufacture of the article, including the country where the operation is performed. In addition, provide information regarding the origin of all parts and treads, as well as the country of formation of all yarn and fabric. Also, provide a sample of all items as sent from the United States to Honduras, and a sample of the finished item. We are returning any related samples, exhibits, etc. If you decide to resubmit your request, please include all of the material that we have returned to you.

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

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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