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NY D81440





August 28, 1998

CLA-2-62:RR:NC:WA:355 D81440

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050; 6203.43.4030

Mr. Peter J. Wang
Jefferson Trading Company
520 South Lafayette Park Place
Suite 200
Los Angles, CA 90057

RE: The tariff classification of men's woven shorts from China, Hong Kong, Thailand and Taiwan.

Dear Mr. Wong:

In your letter dated August 17, 1998, you requested a classification ruling. As requested, the samples will be returned to you.

You have submitted two samples. Style 4033 is a 55% cotton and 45% polyester men's woven pair of shorts. The garment features a flat waistband, a hook and loop fastener at the waist opening and a hook and loop fastener at the fly, the front also has four grommets which have a cord laced through them, a polyester liner, one back pocket with a hook and loop fastener and a grommet and a hemmed bottom. The garment doesn't have an adjustable drawstring.

Style 4032 is a woven pair of shorts of 100% nylon. The garment features a flat waistband, a hook and loop fastener at the waist opening and a hook and loop fastener at the fly, the front also has four grommets which have a cord laced through them, a polyester liner, one side flapped cargo pocket with a hook and loop fastener and two grommets and a hemmed bottom. The garment doesn't have an adjustable drawstring.

The applicable subheading for style 4033, will be 6203.42.4050, 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: trousers, bib and brace overalls, breeches and shorts: of cotton: other: other, shorts: men's. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for style 4032 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: of synthetic fibers: other: other: other: other: other: shorts: mens. The duty rate will be 29 percent ad valorem.

Style 4033 falls within textile category designation 347. Style 4032 falls within textile category designation 647. Based upon international textile trade agreements products of China, Hong Kong, Thailand and Taiwan 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,

Robert B. Swierupski
Director

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