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March 30, 1999

CLA-2-62:RR:NC:3:355 D89169

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Susan Hou
Marmot Mountain Ltd.
2321 Circadian Way
Santa Rosa, CA 95407

RE: The tariff classification of men’s woven nylon shorts from China.

Dear Ms. Hou:

In your letter dated March 8, 1999 you requested a classification ruling. As requested your sample is being returned.

The sample submitted, style No.6004, is a pair of men’s woven shorts with a nylon shell and a polyester mesh liner. It has an enclosed elasticized waistband with a functional drawstring, two diagonal side pockets with Velcro closures and a flapped rear pocket with a Velcro closure. The leg bottoms are hemmed.

Your advertising refers to the garment as water shorts and states that they aren’t just for the river but “We take them everywhere for hiking, sweat-sports, and every-day street wear.” Based on your advertising we regard the shorts as a garment that, while capable of use as swimwear, will be principally used as a multi-purpose garment.

The applicable subheading for style No.6004 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s woven shorts of synthetic fibers. The duty rate will be 28.8% ad valorem.

Style No.6004 falls within textile category designation 647. Based upon international textile trade agreements products of China 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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