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NY 857245

November 2, 1990

CLA-2-61:S:N:N3-I:356 857245

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6103.43.1550; 6211.11.2010

Ms. Astra Galins
Chess King
44 Hammond Street
P.O. Box 15022
Worcester, Mass. 01615-0022

RE: The tariff classification of men's wearing apparel from Hong Kong.

Dear Ms. Galins:

In your letter dated October 12, 1990, you requested a tariff classification ruling.

The sample submitted, style AGGASSI is a pair of men's shorts which are designed to resemble a pair of sweat shorts worn over bicycle shorts. The sweat short portion features front slash pockets, side slits, and a hemmed bottom. The bicycle short portion has gripper strips at the leg openings. The garments are attached to an elastic waistband which is common to both garments.

The sweat short portion is constructed from finely knit fabric which is napped on the inside surface. The sample is heather in color, with a fiber content of 40 percent polyester, 40 percent cotton and 20 percent rayon fabric. In solid colors, the fiber content will be 65 percent polyester, 35 percent cotton. The bicycle short portion has a fiber content of 80 percent nylon, 20 percent spandex finely knit fabric.

The sample submitted, style PRINT VOLLEY is a pair of men's swim trunks constructed from 100 percent cotton, woven fabric. The garment features an elastic waistband with a drawstring closure; side seam pockets; an inner lining made from 100 percent nylon mesh; a hemmed bottom; and a logo sewn on the left front.

As requested, your samples will be returned.

The applicable HTS subheading for Style AGGASSI will be 6103.43.1550, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boys' suits, ensembles, suit- type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: shorts: men's. The duty rate will be 30 percent ad valorem.

The applicable HTS subheading for Style PRINT VOLLEY will be 6211.11.2010, Harmonized Tariff Schedule of the United States (HTS), which provides for: track suits, ski-suits and swimwear; other garments: swimwear: men's or boys': other: of cotton: men's. The duty rate will be 8 percent ad valorem.

Style AGGASSI falls within textile category designation 647 and Style PRINT VOLLEY falls within textile category designation 359. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have already been filed, this ruling should be brought to the attention of the Customs officer handling the transaction.

Sincerely,

Jean F. Maguire
Area Director

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