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NY B85438




May 23, 1997

CLA-2-62:RR:NC:3:TA:355 B85438

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Roslyn Rice
Eddie Bauer
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men's shorts from China.

Dear Ms. Rice:

In your letter dated May 6, 1997, you requested a classification ruling. The sample will be returned to you.

Your submitted sample, style 005-0961 is a pair of 100% nylon woven men's shorts. The garment features an enclosed elasticized waistband with a drawstring, an internal coin pocket attached to the waistband, two slash side pockets with partial mesh insides, a zippered back pocket and hemmed leg bottoms. The liner is made of knit fabric composed of 100% polyester "Cool Max". The identical short will be imported as style 005-0962 in tall sizes.

The applicable subheading for styles 005-0961 and 005-0962 will be 6203.43.4030, 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): trousers, bib and brace overalls, breeches and shorts: of synthetic fibers: other: other: other: shorts. The duty rate will be 29.2 percent ad valorem.

Styles 005-0961 and 005-0962 fall within textile category designation 647. 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 Part 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. If you have any questions regarding the ruling, contact National Import Specialist Gerard Shea at 212-466-5878.

Sincerely,

Paul K. Schwartz
Chief, Textile and Apparel Branch National Commodity

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