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NY K80298




November 12, 2003

CLA-2-62:RR:NC:WA:355 K80298

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Patrick Pascarella
Viking Sea/Air Freight, Inc.
486 Sunrise Highway
Rockville, Centre, NY 11570

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

Dear Mr. Pascarella:

In your letter received November 5, 2003 you requested a classification ruling on behalf of Presidio International, Inc.

A sample of the garment, identified as style K6SW402PA, was received. The garment, made of 100% nylon woven fabric, features a tunneled waistband with a hook and loop fabric tape tabs for fastening at the front. The garment also has a fully functional drawcord, a zippered front fly, an interior knit mesh liner and a back patch pocket with a grommet for drainage. In your submission you referred to the garment as swimwear.

In Hampco Apparel, Inc. v. United States, Slip Op. 88-12 (January 28, 1988), the Court of International Trade stated that three factors must be present if a garment is to be considered swimwear for tariff purposes:

(1) the garment has an elasticized waistband through which a drawstring is threaded (2) the garment has an inner lining of lightweight material, and (3) the garment is designed and constructed for swimming

From a physical examination it is clear that style K6SW402PA does not meet the first requirement of Hampco; that is, the waistband is not elasticized.

The applicable subheading for style K6SW402PA 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% ad valorem.

Style K6SW402PA 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 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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