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NY I80450

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April 12, 2002

CLA-2-62:RR:NC:WA:355 I80450

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4005; 6203.42.4050; 6203.43.4010; 6203.43.4030

Ms. Jennifer Soto
Exel Global Logistics Inc.
10205 N.W. 19th Street
Miami, FL 33172

RE: The tariff classification of men’s woven pants and shorts from the Dominican Republic

Dear Ms. Soto:

This letter is being issued to replace NY ruling H89695 which contained incorrect garment descriptions which did not match the items being classified in that letter. The letter with the correct garment descriptions follows:

In your letter dated March 22, 2002, you requested a classification ruling on behalf of Tropical Sportswear International. As requested, the samples will be returned to you.

You have submitted five samples. Style 105-652-359 is a man’s woven corduroy pant made from 91 percent cotton and 9 percent polyester. The garment has two side pockets, a zippered front closure with a button at the waistband, and two rear pockets with button closures.

Style 105-936-396 is a man’s woven pant made from 100 percent polyester. The garment has two side pockets, a zippered front closure with a button and clasp at the waistband and two rear pockets with one button closures.

Style 200-851-705 is a man’s 100 percent polyester woven short. The garment features two side pockets, a zippered front closure with two overlapping buttons at the waistband, elastic side adjusters at the waistband and two rear pockets, one with a flap and both with button closures.

Style 204-126-252 is a man’s woven blue denim short made from 78 percent cotton and 22 percent polyester fabric. The garment features two front pockets, a zippered front closure with a button at the waistband, and two rear pockets with buttoned closures.

Style 205-315-190 is a man’s woven short made from 100 percent cotton. The garment features two side pockets, a zippered front closure with a button at the waistband, a partial elastic waistband, button side adjusters at the waistband and two rear pockets with button closures.

The applicable subheading for style 105-652-359 will be 6203.42.4005, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts: of cotton: other: other, trousers and breeches, men’s, corduroy. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for styles 204-126-252 and 205-315-190 will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s or boys’ trousers, bib and brace overalls, breeches and shorts: of cotton: other: other, shorts, men’s. The duty rate will be 16.8 percent ad valorem.

The applicable subheading for style 105-936-396 will be 6203.43.4010, 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, trousers and breeches, men’s. The duty rate will be 28.3 percent ad valorem.

The applicable subheading for style 200-851-705 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, men’s. The duty rate will be 28.3 percent ad valorem.

Styles 105-652-359, 204-126-252, and 205-315-190 fall within textile category designation 347. Styles 105-936-396 and 200-851-705 fall within textile category designation 647. Based upon international textile trade agreements products of 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 Camille R. Ferraro at 646-733-3046.

Sincerely,

Robert B. Swierupski
Director,

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See also:

• Tariff No.: 6203.42.40 - Men's or boys' trousers and shorts, not bibs, not knitted or crocheted, of cotton, not containing 15% or more by weight of down, etc
• Tariff No.: 6203.43.40 - Men's or boys' trousers, breeches & shorts, of synthetic fibers, con under 15% wt down etc, cont under 36% wt wool, n/water resist, not k/c