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NY C89971


August 5, 1998

CLA-2-62,42:RR:NC:WA:355 C89971

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4060; 4202.32.1000

Ms. Evelyn P. Milling

Kmart Corporation

3100 West Big Beaver Road

Troy, MI 48084-3163

RE: The tariff classification of boy's woven shorts and a wallet from Bangladesh.

Dear Ms. Milling:

In your letter dated June 23, 1998, you requested a classification ruling.

Your submitted sample, style 8203 is a pair of boy's 100% cotton woven denim carpenter shorts with an attached PVC wallet on a chain. The garment features a waistband with a one button closure, zippered fly front, belt loops, two front pockets with rivets, one insert right side coin pocket,two oversized back pockets, hammer loop, an utility pocket which is attached in right back pocket at upper edge and hemmed bottoms. The garment will be imported in sizes 4-16. It also has a D-ring on the rear left belt loop.

The wallet is similar to a truckers wallet with a chain attached to a D-ring on the left front belt loop. It is manufactured of fabric backed poly vinyl chloride (PVC) plastic sheeting.

The applicable subheading for style 8203(shorts) will be 6203.42.4060, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' suits . . . bib and brace overalls, breeches and shorts (other than swimwear): trousers bib and brace overalls, breeches and shorts: of cotton: other: other, shorts: boys': other. The duty rate will be 17.3 percent ad valorem.

The applicable subheading for style 8203(wallet and chain) will be 4202.32.1000, Harmonized Tariff Schedule of the United States (HTS), which provides for articles of a kind normally carried in the pocket or handbag, with the outer surface of plastic sheeting, of reinforced or laminated plastics. The duty rate will be 12.1 cents per kg. and 4.6 percent ad valorem.

Style 8203(the shorts) falls within textile category designation 347. Based upon international textile trade agreements products of Bangladesh 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 merchandise may be subject to an ITC exclusion order dealing with denim garments produced by certain acid wash methods. For further information on admissibility you should contact your local Customs office. This ruling applies to the classification of the merchandise and not to its admissibility under the terms of the exclusion order.

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,


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