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NY K82595




January 29, 2004
CLA-2-62:RR:NC:WA:355 K82595

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050

Ms. Jeannine Greener
Eddie Bauer, Inc.
P.O. Box 97000
Redmond, WA 98073-9700

RE: The tariff classification of men’s shorts from China and Sri Lanka.

Dear Ms. Greener:

In your letter dated January 9, 2004, you requested a clarification on previously issued classification rulings.

Style 053-0079 was the subject of NY rulings K80245; K81566; K81886; and K82079, due to different changes in either body shape and/or fiber content. In certain of the rulings, a letter suffix was used to distinguish one garment from another based on slightly different changes which had been made to the garment. You now inform us that the fiber content of the garment has been changed. In this ruling letter, to distinguish it from the others, the garment will be assigned style number 053-0079B. It is to be noted that the differences in the garment in the above rulings did not remove the garment from classification in heading 6203.

Style 053-0079B is made of 62% cotton and 38 % woven nylon fabric. The garment has a hook and loop fabric tape front fly with a lace-up closure at the waist. The cord for the lace-up only extends through the grommet holes at the front of the garment and is not threaded through the non-elasticized waistband. The garment also features a knit mesh liner; a back pocket with a zipper closure and mesh lining fabric; two side seam pockets with mesh pocket lining fabric and two front leg cargo-style pockets with a flap and two metal grommet holes to provide drainage. You state that this garment is intended to be used as swimwear. No sample was submitted with this request.

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 053-0079B does not meet the first requirement of Hampco; that is, there is no drawstring which is threaded through an elasticized waistband.

The applicable subheading for style 053-0079B will be 6203.42.4050, HTS, which provides for men’s or boys’ trousers, bib and brace overalls: breeches and shorts: of cotton: other: shorts: men’s. The duty rate will be 16.6% ad valorem.

Style 053-0079B falls within textile category designation 347. Based upon international textile trade agreements products of China and Sri Lanka 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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