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NY J84155




June 5, 2003

CLA-2-62:RR:NC:WA:355 J84155

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Christian A. Swidersky
Foot Locker Corp.
3543 Simpson Ferry Road
Camp Hill, PA 17011

RE: The tariff classification of men’s board shorts from Hong Kong

Dear Ms. Swidersky:

In your letter dated May 23, 2003, you requested a classification ruling.

You submitted a sample of men’s board shorts identified as style 1805051. Your sample will be returned as you have requested.

The garment is made of 100 percent polyester woven fabric with a polyester knit mesh liner. The garment features an elasticized waistband with a drawcord, two side seam pockets with a small amount of mesh fabric forming a part of the pocket interior, a back cargo pocket with a flap and two metal grommets, and two cargo pockets, one centered over each side seam; these pockets also have flaps and grommets. The shorts legs are hemmed with a drawcord threaded through the bottom hem, of each leg, enabling the leg openings to be drawn tight over the knee. The overall design of the garment is not one that is typical of garments designed for swimming.

The applicable subheading for style 1805051 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 28.1 percent ad valorem.

Style 1805051 falls within textile category designation 647. Based upon international textile trade agreements products of Hong Kong 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 Textile Status Report for Absolute Quotas, which is available at our Web site at www.cbp.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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