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NY A89513

November 25, 1996

CLA-2-61:RR:NC:WA:354 A89513


TARIFF NO.: 6107.12.0010; 6108.92.0005; 6109.90.1047; 6109.90.1075

Pannell Kerr Forster
Pannell House
159 Charles Street
Leicester LE1 1LD, England

RE: Confirmation of NY Ruling Letter A88612 on the tariff classification of underwear vests and long underpants; inquiry on applicable special tariff treatment programs.

Dear Sir/Madam:

In your letter dated November 7, 1996, filed on behalf of your client/manufacturer Flue Hosiery and imported by Dermal Holdings Inc., you requested further clarification of NY Ruling Letter A88612.

Merchandise covered in NY Ruling Letter A88612 consisted of five styles of underwear vests and long underpants from England, notably styles T473, T793, T472, T453 & T440. England is designated as a most-favored-nation (MFN) for duty assessment. Accordingly, you were supplied with the corresponding tariff classification for each specific piece of submitted merchandise and applicable most-favored-nation (MFN) duty rates from the General column 1 of the 1996 Harmonized Tariff Schedule of the United States.

You have also requested additional information on special tariff treatment programs on the aforementioned merchandise which are provided herewith. Please note that compliance with all applicable regulations is required to be eligible for these special tariff treatment programs. Providing all styles were products of either Israel or Mexico, they would be entitled to duty free treatment under the Israeli Free Trade Agreement or the North American Free Trade Agreement respectively. Providing all styles were products of Canada, they would be entitled to reduced special tariff rates as follows under the North American Free Trade Agreement: 3.2% ad valorem for style T453 and T440, 3.4% ad valorem for style T472, 6.8% for style T793 and T473.

Your question on the importation of unfinished merchandise was not sufficiently detailed for Customs to issue a classification binding ruling. In order for Customs to issue a proper determination, please provide the following: samples of uncut material as well as cut parts, indicate country of origin of imported fabric, outline full details of the complete processing in the United States.

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 Brian Burtnik at 212-466-5880.


Roger J. Silvestri

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