Application for further review of protest number 3901-04-100725 and 3901-04-100805; Classification of a man’s upper body garment; Timeliness of Demand for Redelivery

Classification of Apparel Articles Made from Fabric Commercially Unavailable in the U.S.; U.S. Caribbean Basin Trade Partnership Act; Subheading 9820.11.27, HTSUS; Dear Mr. Sekin:This is in response to your letter dated September 12, 2003, requesting a binding ruling on the classification and eligibility of apparel articles made from certain cotton fabric for duty-free treatment under the United States-Caribbean Basin Trade Partnership Act (CBTPA). This request was made on behalf of George Wu, Inc. You submitted samples of the garments for our examination.FACTS:The fabrics of the garment submitted are stated to be made from 21NM single ring-spun yarns of different colors, classified in HTS 5208.43.00, of 2x2. twill weave construction, and weighing less than 200 grams per square meter. You state that the fabric is formed in China. You indicate that the fabric will be cut and assembled into men’s pants, pajamas, men’s shirts, and women’s pants, in Nicaragua. You also state that

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