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NY J87988




September 11, 2003

CLA-2-61:RR:NC:WA:361 NY J87988

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2030

Ms. Betty Coats
Kmart Corporation
Resource Center
3100 West Big Beaver Road
Troy, MI 48084-3163

RE: The tariff classification of a pair of women’s knit shorts from Taiwan.

Dear Ms. Coats:

In your letter dated, August 12, 2003, you requested a classification ruling.

The submitted sample, Style #71107, is a pair of women’s jersey knit shorts, constructed from 84% polyester, and 16% spandex mesh knit fabric. The pull-on shorts feature an elasticized waistband, with a string attached at the center (simulating a drawstring), and hemmed leg openings.

We are returning your sample as you requested.

The applicable subheading for the shorts, Style 71107 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s breeches and shorts, knitted or crocheted, of synthetic fibers, other, shorts. The duty rate will be 28.4% ad valorem.

The shorts, Style 71107, fall within textile category designation 648. Based upon international textile trade agreements this category from Taiwan is subject to the requirement of a visa and 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 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 Angela DeGaetano at (646) 733-3052.

Sincerely,

Robert B. Swierupski
Director,

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