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NY 864620

July 5, 1991

CLA-2-62:S:N:N3-I:355 864620

CATEGORY: CLASSIFICATION

TARIFF NOS.: 6203.42.4050; 6203.42.4060

Mr. Bruce Schiller
Joseph & Schiller, Inc.
8725 N.W. 18th Terrace
Suite 301
Miami, FL 33172

RE: The tariff classification of men's and boys' layered, woven and knit shorts from the Dominican Republic.

Dear Mr. Schiller:

In your letter dated June 18, 1991, you requested a tariff classification ruling on behalf of PCA Apparel.

Style No. A508 SX is a pair of men's shorts which are designed to resemble a pair of running shorts worn over bicycle- style shorts. The inner garment is permanently attached to the inside of the fully elasticized waistband of the outer garment, thus creating a new item. The running shorts (outer) portion is constructed from 100 percent cotton, woven fabric and features a patch pocket in the back and a hemmed bottom. The bicycle-style shorts (inner) portion is constructed from 50 percent polyester, 50 percent cotton, finely knit fabric. It extends approximately three inches below the outer shorts and has a hemmed bottom.

As requested, your sample will be returned.

In your letter, you indicate that the shorts will be imported in men's and boys' sizes. The applicable subheading for the garment in men's sizes will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for: men's or boy's suits, ensembles, ... blazers, trousers ... breeches and shorts ... : trousers ... breeches and shorts: of cotton: other ... shorts: men's. The duty rate will be 17.7 percent ad valorem.

The applicable subheading for the garment in boys' sizes will be 6203.42.4060, HTS, which provides for: men's or boy's suits, ensembles, ... blazers, trousers ... breeches and shorts .. : trousers ... breeches and shorts: of cotton: other: other: shorts: boys': other. The duty rate will be 17.7 percent ad valorem.

The men's and boys' shorts fall within textile category designation 347. Based upon international textile trade agreements, products of the Dominican Republic are subject to visa requirements and quota restraints.

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 sub- ject 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

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