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February 25, 1999

CLA-2-62:RR:NC:3:355 D87482

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050, 6203.43.4030

Mr. William J. Maloney
Rode & Qualey
295 Madison Avenue
New York, N.Y. 10017

RE: The tariff classification of men’s woven shorts from Hong Kong and China.

Dear Mr. Maloney:

In your letter dated January 28, 1999 you requested a classification ruling on behalf of your client, Deckers Outdoor Corporation. As requested your samples are being returned to you.

Two samples were submitted. Style 32719 has a woven shell of 60% cotton and 40% nylon. It has a polyester liner. The shorts have a covered fully elasticized waistband which has a webbed belt with a plastic clasp threaded through it. It has side seam pockets, a rear flapped pocket with a zipper closure and a hemmed bottom. It is bar-tacked at high stress areas. Style No. 300 has a woven nylon shell and a polyester liner. The shorts have a covered fully elasticized waist which has a webbed belt with a plastic clasp threaded through it. It has side seam pockets which have a snap closure, a rear mesh patch pocket with a zipper closure and a hemmed bottom. It has a double layer of fabric at the seat; the inner layer extends approximately three inches below the exterior fabric.

Based on their construction and the catalogue description of the garments this office does not think the garments were designed and constructed for swimming nor will they be principally used for swimming.

The applicable subheading for style No. 32719 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s woven cotton shorts. The duty rate will be 17.2% ad valorem. The applicable subheading for style No. 300 will be 6203.43.4030, HTS, which provides for men’s woven shorts of synthetic fibers. The duty rate will be 28.8% ad valorem.

Style No. 32719 falls within textile category designation 347. Style No. 300 falls within textile category designation 647. Based upon international textile trade agreements products of China and Hong Kong 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 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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