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NY D81936




September 24, 1998

CLA-2-61:RR:NC:TA:N3:358 D81936

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1570

Ms. Judy Piccirillo
Toys R' Us
461 From Road
Paramus, NJ 07652

RE: The tariff classification of boys' shorts from Malaysia.

Dear Ms. Piccirillo:

In your letter dated August 27, 1998, you requested a tariff classification ruling.

The submitted sample, Style #41-12210A9 is a pair of boys' knit shorts. The garment is constructed of 100% polyester knit fabric and features an elasticized drawstring waist, a mesh lining and hemmed leg openings.

You state in your letter that the shorts will be imported in boys' sizes 8-16 under Style #41-12210A9, boys' sizes 4-7X under Style #40-12210B9, and boys' sizes 2T-4T under Style #21-12210T9.

The applicable subheading for Style #21-12210T9, Style#40-12210B9 and Style #41-12210A9 will be 6103.43.1570, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' shorts, of synthetic fibers, shorts, boys', other. The rate of duty will be 29.3% ad valorem.

The shorts, Style #'s 41-12210A9, 40-12210B9 and 21-12210T9 fall within textile category designation 647. Based upon international textile trade agreements, products of Malaysia 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

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