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NY H83047




July 30, 2001

CLA-2-61:RR:NC:WA:361 H83047

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050; 6204.62.4020; 6204.69.2510

Ms. Jennifer Soto
Executive Assistant
MSAS Global Logistics Inc.
10205 N.W. 19th Street- Suite 101
Miami, FL 33172

RE: The tariff classification of one pair of men’s shorts and four pair of women’s trousers from the Dominican Republic.

Dear Ms. Soto:

In your letter dated June 21, 2001, you requested a classification ruling for one pair of men’s shorts and four pair of women’s trousers on behalf of Tropical sportswear International. As you have requested, these garments are being returned to you.

Style 205-392-256 is a pair of men’s woven shorts constructed from 100% cotton woven fabric. The garment has a waistband with seven belt loops and a left-over-right button closure; a zipper front opening; two side seam pockets; two back pockets with a button closure; and hemmed leg openings.

Style 305-325-324 is a pair of women’s trousers constructed from 100% cotton woven fabric. The garment has a waistband with five belt loops and a left-over-right button closure; a zipper front opening; two side seam pockets; two back pockets with a button closure; and hemmed leg openings.

Style 305-337-248 is a pair of women’s trousers constructed from 100% cotton woven fabric. The garment has a waistband with five belt loops and a right-over-left button closure; a zipper front opening; two side seam pockets; one back pocket; and hemmed leg openings.

Style 305-337-261 is a pair of women’s trousers constructed from 100% cotton woven fabric. The garment has a waistband with five belt loops and a right-over-left button closure; a zipper front opening; two side seam pockets; one back pocket with a button closure; and hemmed leg openings.

Style 305-923-358 is a pair of women’s trousers constructed from 60% tencel (lyocell), 40% cotton woven fabric. The garment has a waistband with five belt loops and a right-over-left button closure; a zipper front opening; two side seam pockets; and hemmed leg openings.

You have indicated that style 305-325-324, which has a left-over-right front button closure, is a woman’s garment. Chapter 62, note 8 states, in part: Garments of this chapter designed for left over right closure at the front shall be regarded as men's or boys' garments, and those designed for right over left closure at the front as women's or girls' garments. These provisions do not apply where the cut of the garment clearly indicates that it is designed for one or other of the sexes.

As this garment has a left over right front closure, the presumption is that the garment will be for men. However, it is clear based on the cut of the garment that it was designed for women. Therefore, the trousers will be classified as a woman’s garment.

The applicable subheading for style 205-392-256 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’strousers: Of cotton. The rate of duty will be 16.9 percent ad valorem.

The applicable subheading for styles 305-325-324, 305-337-248, and 305-337-261 will be 6204.62.4020, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers: Of cotton. The rate of duty will be 16.9 percent ad valorem.

The applicable subheading for style 305-923-358 will be 6204.69.2510, Harmonized Tariff Schedule of the United States (HTS), which provides for women’strousers: Of artificial fibers. The rate of duty will be 29.1 percent ad valorem.

Style 205-392-256 falls within the textile category designation 347; styles 305-325-324, 305-337-248, and 305-337-261 fall within textile category designation 348; style 305-923-358 falls within textile category designation 648. Based upon international textile trade agreements, products from the Dominican Republic 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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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