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NY L87930




October 13, 2005

CLA-2-62:RR:NC:TA:357 L87930

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5030

Mr. Steven Z. Haber
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt, LLP 399 Park Ave.
New York, NY 10022-4877

RE: The tariff classification of boys’ shorts from Sri Lanka

Dear Mr. Haber:

In your letter dated September 28, 2005, on behalf of In Private, Inc., you requested a classification ruling. A sample was submitted and is being returned as you requested.

The item in question, style 128395, is a pair of shorts approximately eighteen inches in length. The garment has a waistband that is elasticized in the rear and has a drawstring laced in the front, but not encircling the waist. The garment has a mesh lining, a zippered pocket on the right leg and overlaid strips of reflective fabric. The shell is made from a 100% polyester woven fabric coated on the inner surface with polyurethane that is considered a visible coating for tariff purposes.

The applicable subheading for the shorts will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men’s or boys’ garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, of man-made fibers, trousers, breeches and shorts. The duty rate will be 7.1 percent ad valorem.

These shorts fall within textile category designation 647. 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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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