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NY I85617




August 29, 2002

CLA-2-62:RR:NC:WA355 I85617

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. R. Trace Garrett
Associated Merchandising Corporation
500 Seventh Avenue
New York, NY 100018

RE: The tariff classification of men’s nylon shorts from China

Dear Mr. Garrett:

In your letter dated August 26, 2002, you requested a classification ruling.

You submitted a sample of a men’s short identified as style MSW1004 which will be returned as you have requested. The shell of the short is made of 100 percent nylon woven fabric. The garment features an elasticized waistband, a knit mesh liner, and a webbed belt that is tunneled through the waistband and that secures by means of a plastic buckle. There are two side slash pockets with mesh fabric for pocketing material, two front leg cargo pockets that zipper shut and that have tiny holes at each bottom corner of the pockets, ostensibly for drainage, and one back pocket that zippers shut and that has mesh fabric for pocketing material. Although the submitted sample has an interior drawstring, you state in your letter that the garment when imported will not have a drawstring; only a webbed belt.

The applicable subheading for style MSW1004 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 MSW1004 falls within textile category designation 647. Based upon international textile trade agreements products of China 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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