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NY C82386




December 29, 1997

CLA-2-62:RR:NC:TA:N3:358 C82386

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4060; 6209.20.3000

Mr. John Imbrogulio
Nordstrom
P.O. Box 870
Seattle, WA 98111-0870

RE: The tariff classification of three pairs of boys' shorts from India.

Dear Mr. Imbrogulio:

In your letter dated December 2, 1997, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #BN445 - A pair of infants' woven shorts. The garment is constructed of 100% cotton fibers and features an elasticized waist, and hemmed leg openings.

You state in your letter that, the shorts will be imported in infant sizes 9M, 12M, 18M an 24M.

Style #ON445 - A pair of boy's woven shorts. The garment is constructed of 100% cotton fibers and features an elasticized waist, and hemmed leg openings.

You state in your letter that, the shorts will be imported in toddler sizes 2T, 3T and 4T.

Style #NK445 - A pair of boy's woven shorts. The garment is constructed of 100% cotton fibers and features an elasticized drawstring waist, two side slash pockets, one rear patch pocket, and hemmed leg openings.

You state in your letter that, the shorts will be imported in boys' sizes 4, 5, 6, 7 and 7X.

We are returning your samples as you requested.

The applicable subheading for the shorts, Style #BN445, will be 6209.20.3000, Harmonized Tariff Schedule of the United States (HTS), which provides for babies' garments and clothing accessories, of cotton, other, trousers, breeches, and shorts, except those imported as parts of sets. The 1997 duty rate will be 16.9% ad valorem.

The duty rate for 1998 will be 16.6% ad valorem.

The shorts fall within textile category designation 239. Based upon textile trade agreements, products of India are presently subject to quota restraints and visa requirements.

The applicable subheading for the shorts, Style #'s ON445, and NK445, will be 6203.42.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' breeches and shorts (other than swimwear):trousers, bib and brace overalls, breeches and shorts:of cotton:, other, shorts, boys', other. The 1997 duty rate will be 17.4% percent ad valorem.

The duty rate for 1998 will be 17.3 per cent ad valorem.

The shorts fall within textile category designation 347. Based upon textile trade agreements, products of India are presently subject to quota restraints and 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 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 Bruce Kirschner at 212-466-5865.

Sincerely,

Robert B. Swierupski
Director

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