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NY L80100




November 2, 2004
CLA-2-61:RR:NC:WA:361 NY L80100

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030

Mr. Charles G. Hartill
Capital Transportation
147-217 175th Street
Jamaica, NY 11434

RE: The tariff classification of a pair of women’s knit shorts from Hong Kong, China or Brazil.

Dear Mr. Hartill:

In your letter dated October 1, 2004, on behalf of your client Ballet Makers, Inc., you requested a classification ruling.

The submitted sample, Style #XSHORTS, is a pair of women’s shorts constructed from 98% cotton, and 2% spandex knit fabric. The garment features a wide elasticized rib knit waistband, slits at both sides, and rib knit leg openings.

We are returning your sample as you requested.

The applicable subheading for the shorts, Style XSHORTS will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s shorts, knitted or crocheted:Of cotton, shorts, women’s. The duty rate will be ad valorem. The duty rate will be 14.9% ad valorem.

The shorts, Style XSHORTS, fall within textile category designation 348. Based upon international textile trade agreements, this category from China, Brazil, and Hong Kong is presently subject to quota restraints and visa requirements.

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 De Gaetano at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,

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