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NY M81435




April 13, 2006

CLA-2-61:RR:NC:3:353 M81435

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3060

Mr. Bill Sullivan
Exel Global Logistics Inc.
230-39 Int’l Airport Center Blvd.
Suite 1000
Jamaica, NY 11413

RE: The tariff classification and status under the Caribbean Basin Trade Partnership Act (CBTPA) of a biker short from Honduras.

Dear Mr. Sullivan:

In your letter dated you requested a ruling on the status under the Caribbean Basin Trade Partnership Act (CBTPA) of a biker short. As requested, the sample will be returned to you.

The submitted sample, a Style 6M203 Biker Short, was classified in ruling NY L88918, dated December 5, 2005, in subheading 6114.30.3060. At that time you requested a determination of the status of the item under the CBTPA. This office requested additional information in order to be able to make such a determination. One of the issues involved a sewn-in protective chamois pad of Italian origin.

Subsequently, you contacted the Committee for the Implementation of Textile Agreements (CITA) as to whether the chamois could be considered in “short supply.” You have informed this office that you have not received short supply consideration from CITA, and ask if the biker short qualifies for CBTPA eligibility.

The garment is not eligible for preferential treatment under the CBTPA because the chamois is not considered a finding or trimming and it is not made either in the United States or eligible CBTPA country. Please note that this determination does not imply that the biker short would be eligible for CBTPA treatment if you are able to make the chamois either in the United States or eligible CBTPA country as other issues mentioned in ruling NY L88918 have yet to be addressed.

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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