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NY G85036




December 21, 2000

CLA-2-62:RR:NC:WA:357 G85036

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.50.5035

Mr. Richard M. Wortman
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 707 Wilshire Blvd.
Suite 4900
Los Angeles, CA 90017

RE: The tariff classification of seven pairs of women's and girls' shorts from Mexico and Bangladesh

Dear Mr. Wortman:

In your letter dated November 27, 2000, on behalf of your client, TAG Apparel Group, LLC, you requested a classification ruling.

Seven pairs of board shorts were submitted as follows: Style numbers AJ710P01692-customer #1211731, AJ818P01000-customer #1211733S and AJ736P31000-customer #1211733 are three pairs of women's shorts. Style numbers AG765P01660-customer #1209412, AG710P01693-customer #1209410, AG727033658-customer #1209411 and AG776P50000-customer #1209413 are four pairs of girls' (sizes 7-16) shorts. Each pair of shorts is constructed of a shell that is composed of a woven microfiber 100% polyester fabric that is visibly coated on the inner surface with polyurethane. None of the shorts are lined.

Style numbers AJ710P01692, AJ818P01000, AJ736P31000, AG710P01693 and AG765P01660 have a fly front opening secured by a hook and loop fastener that extends to the top of the waistband, two tabs with eyelets on the front portion of the waistband through which a drawcord has been inserted and fastened in a criss-cross pattern and a rear patch pocket that has a hook and loop fastener and a metal grommet. Style number AJ736P31000 features a panel insert on each side that is composed of a contrasting color printed fabric, and style number AJ818P01000 has an panel insert on each side that is composed of a contrasting solid color fabric.

Style number AG727033658 has a fly front opening that is secured by a hook and loop fastener that extends to the top of the waistband, a panel insert on each side that is composed of a contrasting solid color fabric and a rear patch pocket that has a hook and loop fastener and a metal grommet.

Style number AG776P50000 is composed of a printed fabric and has a fly front opening that is secured by a zipper closure and a hook and loop fastener on the waistband. The shorts also have two front pockets with side openings that are secured by hook and loop fasteners.

The samples are being returned to you as you have requested.

The applicable subheading for each pair of shorts will be 6210.50.5035, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other women's or girls' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.3 percent ad valorem. Effective January 1, 2001, the rate of duty will be 7.2 percent ad valorem.

The shorts fall within textile category designation 648. Based upon international textile trade agreements products of Mexico and Bangladesh are presently subject to quota restraints 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 W. Raftery at 212-637-7076.

Sincerely,

Robert B. Swierupski
Director,

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