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NY L86122

August 4, 2005

CLA-2-98:RR:NC:3:353 L86122


TARIFF NO.: 9819.11.12

Ms. Heather Fust
Stafford Textiles Limited
2200 Lakeshore Blvd, W
Suite 308
Toronto, Ontario M8V 1A4

RE: The status under the African Growth and Opportunity Act (AGOA) of a scrub top and pants from Senegal.

Dear Ms. Fust:

In your letter dated June 27, 2005, you requested a status under the African Growth and Opportunity Act (AGOA) of a scrub top and pants from Senegal. The scrub top and pants were classified in ruling NY L84496. Their fiber content has changed from 55% cotton, 45% polyester to 60% cotton, 40% polyester. The classification of the garments remains as stated in the ruling.

The scrub top and pants are constructed of woven 60% cotton, 40% polyester fabric. Both garments are reversible. The scrub top is a pullover garment featuring a v-neck, hemmed edges, left breast pocket on both sides and a color-coded binding tape neck seam. The scrub pants feature a webbed fabric drawstring and a right rear patch pocket on both sides.

You state that the fabric is formed in Indonesia and shipped to Senegal. The fabric is cut to shape and assembled in Senegal. Labels, the drawstring webbed fabric and neck tape are made in the United States, the poly bags and thread are made in Sri Lanka and the packing cartons are made in Senegal.

As provided for in U.S. Note 2 (d), Chapter 98, Subchapter XIX, HTSUS, Senegal is a designated lesser developed beneficiary country.

Subheading 9819.11.12, HTS, provides for:

Apparel articles wholly assembled, or knit-to-shape and wholly assembled, or both, in one or more such lesser developed countries enumerated in U.S. note 2(d) to this subchapter, subject to the provisions of U.S. note 2 to this subchapter, regardless of the country of origin of the fabric or the yarn used to make such articles, if entered during the period beginning on the date announced in a Federal Register notice issued by the United States Trade Representative and continuing through September 30, 2007, inclusive.

The thread from Sri Lanka is considered a finding or trimming and is allowable within the provisions of U.S. Notes 3(a)(i) and (b) of Chapter 98, subchapter XIX.

Based on the information you submitted, and provided all requirements are met, the scrub top and pants are eligible for duty free treatment under subheading 9819.11.12, HTS.

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.


Robert B. Swierupski

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