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NY 887898



July 19, 1993

CLA-2-61:S:N:N5:361 887898

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3532; 6204.62.4055

Ms. Karin Seemuller
MARKER LTD
P.O.Box 27327
Salt Lake City, Utah 84127-0327

RE: The tariff classification of two pairs of shorts Hong Kong.

Dear Ms. Seemuller:

In your letter dated June 21,1993, you requested a tariff classification ruling.

Style 850204 is a pair of lined shorts. The outer shell of the submitted garment is manufactured from a 100% nylon woven fabric. The garment features an elasticized waistband with an internal drawstring, a liner with a bike pad, two zippered side pockets, and side vents on the leg seam. There is a MARKER logo located on the lower portion of the left leg.

Style 800364 is a pair of unlined shorts. The submitted garment is manufactured from 100% cotton woven fabric. The garment features an elasticized waistband with an adjustable nylon buckle closure, a bike pad, two on seam front pockets and a rear welted pocket. There is a MARKER logo located on the lower portion of the left leg.

You have referred to these garments as bicycle shorts, however, based upon the advertising material presented, these shorts are capable of use for a variety of activities. In addition, nothing in the construction, styling or sizing of the garments indicates the sex of the wearer. Such garments are classified by U.S. Customs under the provision for women's garments.

The applicable subheading for style number 850204 will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts of synthetic fibers ...other. The rate of duty will be 30.4 percent ad valorem.

The applicable subheading for style number 800364 will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts of cotton... other. The rate of duty will be 17.7 percent ad valorem.

Style number 850204 falls within textile category designation 648. Based upon international textile trade agreements, products of Hong Kong are subject to visa requirements.

Style number 800364 falls within textile category designation 348. 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 been filed without a copy, 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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