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NY L89130




December 27, 2005

CLA-2-62:RR:NC:TA:357 L89130

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 five boys’ board shorts from Sri Lanka

Dear Mr. Haber:

In your letter dated November 30, 2005, on behalf of In Private, Inc., you requested a classification ruling. Samples were submitted and are being returned as you requested.

Each of the garments is made from a woven 100% polyester peached, reverse twill fabric with a plastics coating on the back side and printing on the face. According to information you submitted this fabric has a finished dry weight before coating of 112-115 g/m2 before coating and 122-125 g/m2 after coating. Examination of the fabric indicates that the fibers that make up the filling yarns are not readily discernible due to the coating.

The samples all have a drawstring threaded through the front portion that does not encircle the waist; nor is the waistband elasticized. Style 132021 has a full mesh lining; style 132023 has a rear pocket with a zipper closure; style 132025 has a rear pocket with a hook and loop closure and drain holes; style 132036 has a pocket on the left leg with drain holes; style 132022 has a zippered pocket on the right leg.

The applicable subheading for these shorts will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTSUS), 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.

Duty rates are provided for your convenience and are subject to change. The text of the most recent HTSUS and the accompanying duty rates are provided on World Wide Web at http://www.usitc.gov/tata/hts/.

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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