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NY F80831




February 7, 2000

CLA-2-62:RR:NC:WA:361 F80831

CATEGORY: CLASSIFICATION

TARIFF NO.: 6204.63.3532

Ms. Vilma Duarte
Clear Freight, Inc.
880 Apollo Street, Suite 101
El Segundo, CA 90245

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

Dear Ms. Duarte:

In your letter dated December 29, 1999, on behalf of your client Lowers Inc., D.b.a Rip Curl., you requested a tariff classification ruling for four garments. This ruling covers the women’s garments. The girls’ garments will be covered in another ruling.

The submitted samples are described as follows:

Style #SW299 - a pair of women’s woven shorts with an outer shell constructed from 100% nylon fabric and a 100% polyester lining. The garment features a flat waistband with a textile drawstring at the front, a fly front opening with a left over right Velcro-like closure and hemmed leg openings.

Style #SW311 – a pair of women’s woven shorts constructed from 100% polyester fabric. The garment features a flat waistband with a two metal snap closure, a fly front opening with a left over right Velcro-like closure, and hemmed leg openings.

Although both garments have a left over right closure, they are clearly cut for women, therefore, they will be classified as women’s shorts.

We are returning your samples as you requested. The applicable subheading for the Shorts, Style #SW299 and #SW311, will be 6204.63.3532, Harmonized Tariff Schedule of the United States (HTS), which provides for women ‘s or girls’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, shorts, women’s. The rate of duty will be 29.5 percent ad valorem.

The Shorts, Style #SW299 and #SW311 fall within textile category designation 648. Based upon international textile trade agreements products of Hong Kong and China are subject to quota and the requirement of a visa.

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 at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV.

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 Angela DeGaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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