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NY D83695





November 4, 1998

CLA-2-61:RR:NC:WA:361 D83695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.69.2540

Mr. Herbert J. Lynch
Sullivan & Lynch, P.C.
Attorneys and Counselors at Law
156 State Street
Boston, Mass. 02109-2508

RE: The tariff classification of a pair of woman's woven shorts from Hong Kong.

Dear Mr. Lynch:

In your letter dated October 19, 1998, you requested a classification ruling for a style 1911818, a pair of woman's woven shorts, on behalf of Susan Bristol Inc. The sample is being returned, as you requested.

The shorts, which are constructed 70% rayon, 30% linen woven fabric, feature a waistband with two 2 inch segments of elastic at the back, a button closure at the side, two side pockets, and a hemmed bottom. The shorts extend from the waist to just above the knee. Although you have indicated that the garment could be considered either shorts or a divided skirt, the leg separation, when viewed from the front, is visible, thus the garment is considered shorts.
The applicable subheading for the shorts will be 6104.69.2540, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts of artificial fibers. The rate of duty will be 29.7 percent ad valorem.

The shorts fall within textile category 648. Based upon international textile trade agreements, products of Hong Kong are subject to a visa requirement and quota restraints.

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 this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.

Sincerely,

Robert B. Swierupski
Director,

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