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NY I85042




August 20, 2002

CLA-2-62:RR:NC:WA:355 I85042

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 10018

RE: The tariff classification of men’s shorts from Malaysia

Dear Mr. Garrett:

In your letter dated July 14, 2002 and received August 16, 2002, you requested a classification ruling.

You submitted a garment identified as style BDM034. The men’s shorts are made of 100 percent woven nylon fabric. The garment features two front cargo-type pockets with mesh fabric bottoms for drainage, a back zippered pocket with pocket fabric made entirely of mesh fabric, a small interior watch pocket made of the same fabric as the shell of the short, a small flapped pocket on top of the right front cargo pocket with mesh fabric sides, a completely elasticized waistband and a web belt which is threaded through the waistband and which buckles in the front. Although the sample garment does not have a liner, you state that the imported style will have a liner made of the same knit mesh fabric as the pockets.

The applicable subheading for style BMD034 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.

Style BDM034 falls within textile category designation 647. Based upon international textile trade agreements products of Malaysia 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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