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NY G80695




December 14, 2000

CLA-2-61:RR:NC:TA:N5:356 G80695

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1550

Mr. Brett Conrad
Deep See, Inc.
18935-59th Avenue NE
Arlington, WA 98223

RE: The tariff classification of men’s knit shorts from the Phillipines.

Dear Mr. Conrad:

In your letter, dated August 7, 2000, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 97-86-40 “Lycra Rash Guard” is a pair of men’s finely knit shorts. Laboratory analysis shows that the fiber content is 82 percent nylon, 18 percent spandex. The shorts feature a drawstring waist and hemmed leg openings.

The applicable subheading for Style 97-86-40 “Lycra Rash Guard” will be 6103.43.1550, Harmonized Tariff Schedule of the United States (HTS), which provides for men's or boys' ... trousers, bib and brace overalls, breeches and shorts (other than swimwear), knitted or crocheted: of synthetic fibers: shorts: men’s. The duty rate is 28.9 percent ad valorem. In 2001, the rate of duty will be 28.7 percent ad valorem.

Style 97-86-40 “Lycra Rash Guard” falls within textile category designation 647. Based upon international textile trade agreements, products of the Philippines are subject to visa requirements and quota restraints.

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 this ruling letter 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 this ruling, contact National Import Specialist Mary Ryan at 212-637-7081.

Sincerely,


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