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December 21, 1998

CLA-2-62:SF:G03 D85493

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.62.4065, 6209.20.3000

Karen J. Brandenburger
Hanna Andersson
1010 NW Flanders
Portland, OR 97209

RE: The tariff classification of cotton shorts from Hong Kong

Dear Ms. Brandenburger:

In your letter dated December 1, 1998 you requested a tariff classification ruling.

You have submitted four pairs of shorts which are each made from a woven fabric which you state is 100% cotton. You have also indicated that each of these styles will be imported in size 80 for infants and sizes 90 and 100 for boys and girls.

Style 18847 has a fly front opening secured by a metal zipper and a metal button closure on the waistband. The waistband is partially elasticized and has five self fabric belt loops. This pair of shorts has five pockets which are reinforced with metal rivets.

Style 18849 has a fly front opening secured by a metal zipper and a plastic button closure on the waistband. The back waistband is elasticized and there are five self fabric belt loops. This pair of shorts has five pockets.

Style 12048 is a pair of pull-on shorts with an elasticized waistband. This pair of shorts has 2 side entry pockets. The bottom of the shorts is hemmed and there is a slit on each side seam.

Style 34828 is a pair of pull-on shorts with an elasticized waistband. This pair of shorts has 2 side entry pockets. The bottom of the shorts is hemmed and there is a slit on each side seam

The applicable subheading for the all styles in size 80 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 rate of duty will be 16.6 percent ad valorem.

The applicable subheading for all styles in sizes 90 and 100 will be 6204.62.4065, HTS, which provides for Women’s or girls’ suits, ensembles, suit-type jackets, blazers, dresses, skirts, divided skirts, trousers, bib and brace overalls, breeches and shorts (other than swimwear): Trousers, bib and brace overalls, breeches and shorts: Of cotton: Other: Other: Other: Shorts: Girls’: Other. The rate of duty will be 17.3 percent ad valorem.

Size 80 falls within textile category designation 239 and sizes 90 and 100 within category 348. Based upon international textile trade agreements, in 1999 products of Hong Kong in sizes 90 and 100 will be 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.

Sincerely,

Alice M. Rigdon
Port Director

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