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NY M80336




March 7, 2006

CLA-2-61:RR:NC:N3:353 M80336

CATEGORY: CLASSIFICATION

TARIFF NO.: 6114.30.3070

Ms. Faye Marlowe
Marlowe & Co., Inc.
P.O. Box 90459
Los Angeles, CA 90009

RE: The tariff classification of novelty shorts from China.

Dear Ms. Marlowe:

In your letter dated February 3, 2006 you requested a classification ruling.

The submitted sample, item 0459-9 is a novelty woman’s shorts made of knit 100% polyester fabric. The garment has an attached adjustable nylon strap and lock buckles designed to hold a rubber adult toy.

The applicable subheading for the novelty shorts, item 0459-9 will be 6114.30.3070, which provides for “Other garments, knitted: Of man-made fibers: Other: Other: Women’s or girls’.” The rate of duty will be 14.9% ad valorem. The textile category designation is 659.

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/.

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 Kenneth Reidlinger at 646-733-3053.

Sincerely,

Robert B. Swierupski
Director,

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