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NY I84905




September 4, 2002

CLA-2-61:RR:NC:TA:N3:356 I84905

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 Honduras and Mexico.

Dear Ms. Disher:

In your letter dated August 2, 2002, you requested a tariff classification ruling. As requested, your samples will be returned.

Styles 891S and 8911 are men’s shorts constructed from finely knit, jersey fabric. Styles 891S and 8911 feature a tunnel elastic waistband with an inside drawcord; side seam pockets; and hemmed leg openings. The shorts will be imported in sizes 3X and 4X.

The fiber content of Styles 891S and 8911 will be 100 percent cotton in pastels and dark colors; 90 percent cotton, 10 percent polyester in light steel gray; and 50 percent cotton, 50 percent polyester in charcoal heather and graphite heather gray.

The applicable subheading for Styles 891S and 8911 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’ breeches and shorts, knitted or crocheted: of cotton: shorts: men’s. The rate of duty will be 16.3 percent ad valorem.

The applicable subheading for Styles 891S and 8911 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’ breeches and shorts, 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 Styles 891S and 8911 in the 50 percent cotton, 50 percent polyester blend. If the fiber content differs from the content indicated in your letter, the tariff classification may change from the information indicated above. Styles 891S and 8911 in 100 percent cotton and in 90 percent cotton, 10 percent polyester fall within textile category designation 347. Styles 891S and 8911 in 50 percent cotton, 50 percent polyester fall within textile category designation 647. Based upon international textile trade agreements, products of Honduras and Mexico and 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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