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NY G81418




September 13, 2000

CLA-2-61:RR:NC:WA:355 G81418

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Michael Sue
American Public Company, Inc.
485 7th Avenue, Suite 800
New York, NY 10018

RE: The tariff classification of men’s shorts from Hong Kong

Dear Mr. Sue:

In your letter dated September 5, 2000, you requested a classification ruling.

You submitted a sample of men’s shorts which, in a telephone conversation, you stated is a prototype for a series of styles which you intend to import into the United States. The shorts will share the same construction and fiber content features, they will differ only in fabric color. The style numbers are SYQ1906-310, SYQ1906-810, SYQ1906-540, SYQ1906-010, SYQ1906-340, SYQ1906-610, SYQ1906-480 and SYQ1906-460. The shorts feature a zippered front, a snap closure at the waistband, six belt loops, two back patch pockets, two side cargo pockets which fasten shut with snaps, two front slant pockets and a watch pocket. The fabric appears to be of denim construction, but is not blue in color. You state the fiber content is 50 percent cotton and 50 percent polyester, and submit a laboratory report (not from a U.S. Customs laboratory), to substantiate your claim.

A garment that is made of a 50/50 blend will be classified as if it consisted wholly of that one textile material which is covered by the heading which occurs last in numerical order among those which equally merit consideration. However, even a slight variation in the fiber content may result in a change of classification, as well as visa and quota requirements.

The applicable subheading for the shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, other, other, shorts. The duty rate will be 28.6 percent ad valorem.

The shorts fall within textile category designation 647. Based upon international textile trade agreements products of Hong Kong 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.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 National Import Specialist Camille Ferraro at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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