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NY I80536




April 23, 2002

CLA-2-62:RR:NC:WA:355 I80536

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030; 6211.11.8010

Ms. Linda Moyer
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of men’s shorts and swim shorts from Bangladesh and Sri Lanka

Dear Ms. Moyer:

In your letter dated April 15, 2002, you requested a classification ruling.

You submitted two garments identified as styles S3S-A1 and S3S-A2. Style S3S-A1 is made of 100 percent woven nylon fabric. It features an elasticized waistband, an elastic cord with a barrel clasp running the entire length of the waistband whose function mimics that of the elastic of the waistband, two side seam pockets with mesh pocket lining fabric, and a side seam cargo pocket with a flap, a hook and loop fabric closure and grommets for drainage. The pull on shorts also has an interior knit mesh liner. You state that this garment is made in Sri Lanka.

Style S3S-A2 is made of 70 percent cotton and 30 percent nylon woven fabric. The garment features an fully elasticized waistband with an interior drawcord which runs the entire length of the waistband, a back patch pocket and a patch pocket over the side seam, both of which have flaps, hook and loop fabric for closure and two grommets in each pocket for drainage. The garment also features a knit mesh liner. You state that this garment is made in Bangladesh. Your samples will be returned as you have requested.

The applicable subheading for style S3S-A1 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.

The applicable subheading for style S3S-A2 will be 6211.11.8010, Harmonized Tariff Schedule of the United States (HTS), which provides for track suits, ski-suits and swimwear, other garments, swimwear, men’s or boys’, other, of cotton, men’s. The duty rate will be 7.6 percent ad valorem.

Style S3S-A1 falls within textile category designation 647. Based upon international textile trade agreements products of Sri Lanka are subject to quota and the requirement of a visa. Style S3S-A2 falls within textile category designation 359. Based upon international textile trade agreements products of Bangladesh are not subject to quota, but do require 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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