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NY A82288




June 24, 1996

CLA-2-62:SF G03 A82288

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4060, 6205.20.2060

Leonard Satz
Savant Customs Brokers & Freight Forwarders, Inc. 11 Broadway, Suite 1068
New York, NY 10004

RE: The tariff classification of a boys' pants, shirt and belt from China

Dear Mr. Satz:

In your letter dated April 3, 1996 you requested a tariff classification ruling on behalf of your client, Nucci International Corp.

The samples you have submitted are made from woven fabrics which you indicate are 100% cotton. The upper body garment is a short sleeve shirt with a full front left over right opening secured by five plastic buttons. The shirt has turned up cuffs, and a pointed collar. The basic shirt front is made from a plaid fabric. There is a simulated vest of contrasting color fabric permanently attached in the side and shoulder seams. The "vest" back serves as the back of the shirt. This "vest" also has a left over right opening. It has a number of pockets of various sizes and there are open slits at the shoulder through which fabric straps may be passed.

The lower body garment is a pair of shorts with a functioning fly and a one button closure on the partially elasticized waistband. The shorts have both side entry and back hip pockets, two wide self fabric belt loops in front and two narrow self fabric belt loops in back. A pair of adjustable self fabric straps are permanently sewn to the inside of the back waistband. These straps button on to plastic buttons located on the inside front waistband. The shorts have a plastic belt threaded through the belt loops. You have identified these garments as "boys". No style number was given.

The applicable subheading for the shirt will be 6205.20.2060, Harmonized Tariff Schedule of the United States (HTS), which provides for Men's or boys' shirts: Of cotton: Other: Other: Other: With two or more colors in the warp and/or filling: Other: Boys': Other. The rate of duty will be 20.7 percent ad valorem.

The applicable subheading for the shorts and belt, which are goods put up in sets for retail sale in accordance with GRI 3(b), whose essential character is imparted by the pants will be 6203.42.4060, 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): Of cotton: Other: Other: Shorts: Boys': Other. The rate of duty will be 17.5 percent ad valorem.

The shirt falls within textile category designation 340 and the shorts within 347. Based upon international textile trade agreements products of China are subject to quota and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. 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 the ruling or the control number indicated above should be provided with the entry documents filed at the time this merchandise is imported.

Sincerely,

Alice M. Rigdon
Port Director

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