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NY I80862




May 14, 2002

CLA-2-61:RR:NC:TA:N3:356 I80862

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.42.1050; 6103.43.1550

Ms. Sandy Disher
Sara Lee Branded Apparel
International Trade Group
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

RE: The tariff classification of men’s knit shorts from the Dominican Republic, Haiti, Honduras and Mexico.

Dear Ms. Disher:

In your letter dated April 19, 2002, you requested a tariff classification ruling. As requested, your sample is being returned.

Style 8790 is a pair of men’s shorts constructed from finely knit, jersey fabric. The shorts will be imported in 100 percent cotton in dark colors; 90 percent cotton, 10 percent polyester in light steel gray; and 50 percent cotton, 50 percent polyester in charcoal heather gray. Style 8790 features a tunnel elastic waistband with an inside drawcord; side seam pockets; and hemmed leg openings.

The applicable subheading for Style 8790 in 100 percent cotton and in 90 percent cotton, 10 percent polyester will be 6103.42.1050, Harmonized Tariff Schedule of the United States, (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of cotton: shorts: men’s. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for Style 8790 in 50 percent cotton, 50 percent polyester will be 6103.43.1550, Harmonized Tariff Schedule of the United States, (HTS), which provides for men’s and boys’ trousers, knitted or crocheted: of synthetic fibers: other: shorts: men’s. The rate of duty will be 28.6 percent ad valorem.

At the time of entry, Customs may verify the actual fiber content of Style 8790 in the 50 percent cotton, 50 percent polyester fiber blend. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated above. Style 8790 in 100 percent cotton and in 90 percent cotton, 10 percent polyester falls within textile category designation 347. Style 8790 in 50 percent cotton, 50 percent polyester falls within textile category designation 647. Based upon international textile trade agreements products of the Dominican Republic are subject to visa requirements and quota restraints. Products of Haiti are subject to visa requirements. Products of Honduras and Mexico are not presently subject to visa requirements or 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 646-733-3271.

Sincerely,

Robert B. Swierupski

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