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NY F83281





February 22, 2000

CLA-2-62:RR:NC:WA:355 F83281

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4015; 6203.42.4050

Ms. Evelyn P. Milling
Kmart Corporation
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of men’s shorts and pants from the Philippines.

Dear Ms. Milling:

In your letter dated February 4, 2000, you requested a classification ruling.

You have submitted two samples. Style 4292 is a pair of 100% cotton woven flannel men’s pants. The garment features an elasticized waistband, one button fly front, front side pockets and hemmed bottoms.

Style 4165 is a pair of 100% cotton woven flannel men’s shorts. The garment features an elasticized waistband, one button fly front and hemmed bottoms.

The applicable subheading for style 4292 will be 6203.42.4015, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: other: other: trousers and breeches: men's. The duty rate will be 17% ad valorem.

The applicable subheading for style 4165 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ suits, ensembles, suit-type jackets, blazers, trousers, bib and brace overalls, breeches and shorts (other than swimwear): of cotton: other: other: shorts: men's. The duty rate will be 17% ad valorem.

Styles 4292 and 4165 fall within textile category designation 347. Based upon international textile trade agreements products of the Philippines are subject to quota and the requirement of a visa.

The designated textile and apparel categories and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 the National Import Specialist at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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