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NY B88664

September 18, 1997

CLA-2-62:RR:NC:3:353 B88664


TARIFF NO.: 6217.10.9530

Mr. Francisco Gomez Jr.
R.L. Jones Tecate, Inc.
P.O. Box 970
Tecate, CA 91980

RE: The tariff classification of a padded short liner from Mexico.

Dear Mr.Gomez:

In your letter dated August 4, 1997, on behalf NEMA, you requested a classification ruling. Samples were submitted and will be returned as requested.

The submitted sample is a padded short liner which after import into the U.S. will be sewn into a 100% nylon short shell. The short liner consists of 80% polyester, 10% nylon and 10% lycra spandex. The liner is made from a knit fabric with padding at the crotch and a nylon mesh fabric at the bottom of the legs.

You have also requested information on the marking of the short liner. Pursuant to 19 U.S.C. 1304(a)(3)(D) and Section 134.32(d), Customs Regulations (19CFR 134.32(d), an exception from individual marking is applicable where the marking of the container of an imported article will reasonably indicate the origin of the article. This exception is normally applied in cases where the imported article(s) is imported in a properly marked container and Customs officials at the port of entry are satisfied that the ultimate purchaser in the U.S. will receive it in its original marked container.

The ultimate purchaser is defined in section 134.1(d), Customs Regulations (19 CFR 134.1(d), as generally the last person in the United States who will manufacture. The manufacturer may be the ultimate purchaser if he subjects the imported article to a process which results in a substantial transformation of the article. In such case, the article itself is excepted from marking pursuant to Section 134.35, Customs Regulations (19 CFR 134.35), and only the outermost container of the imported article must be marked to indicate the country of origin.

The applicable subheading for the short liner will be 6217.10.9530, Harmonized Tariff Schedule of the United States (HTS), which provides for: "Other made up clothing accessories; parts of garments or of clothing accessories, other than those of heading 6212: Accessories: Other, Of man-made fibers." The general duty rate will be 15.2% ad valorem.

The padded short liner may be entitled to a free rate of duty under HTS 9802.00.90 if it is assembled in Mexico of fabric components which were wholly formed and cut in the United States, which (a) were exported in condition ready for assembly without further fabrication, (b) have not lost their physical identity in such articles by change in form, shape or otherwise, and (c) have not been advanced in value or improved in condition abroad except by being assembled and except by operations incidental to the assembly process; provided that goods classifiable in chapters 61, 62 or 63 may have been subject to bleaching, garment dyeing, stone-washing, acid-washing or perma-pressing after assembly as provided for herein.

The short liner falls within textile category designation 659. Based upon international textile trade agreements products of Mexico are "not" subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 Martin Weiss at 212-466-5881.


Robert B. Swierupski

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