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NY L81328




January 5, 2005

CLA-2-61:RR:NC:WA:361 NY L81328

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.2030

Ms. Michelle Jolley, Classification Analyst Sara Lee Branded Apparel
1000 East Hanes Mill Road, 4th Floor
Winston-Salem, NC 27105

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

Dear Ms. Jolley:

In your letter dated December 15, 2004, you requested a classification ruling for a pair of women’s shorts. The item will be returned as requested.

The submitted garment, style HNED, is a pair of woman’s shorts constructed from 100 percent cotton knit fabric. The pull-on shorts have a partially elasticized waistband, fake fly, and hemmed leg openings. The waistband and bottom of the legs are trimmed with grosgrain ribbon.

You have referred to the submitted garment as “sleepwear boxer short,” however, based both on appearance and marketing, they seem to be capable of multiple uses. As such, these garments will not be classified as sleepwear in heading 6108.

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

The shorts fall within textile category designation 348. Quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information as to whether quota and visa requirements apply to this merchandise, we suggest that you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” available at our web site at www.cbp.gov. In addition, you will find current information on textile import quotas, textile safeguard actions and related issues at the web site of the Office of Textiles and Apparel, at otexa.ita.doc.gov.

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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