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NY M80717




March 31, 2006

CLA-2-62:RR:NC:TA:N3:356 M80717

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Karen Yost
C-Air International
6053 Century Boulevard, Suite 650
Los Angeles, CA 90045

RE: The tariff classification of men’s woven shorts from China.

Dear Ms. Yost:

In your letter dated March 3, 2006, you requested a tariff classification ruling on behalf of Nothin’ But Net Clothing Co., Inc. As requested, your sample will be returned.

Style 3021-4 is a pair of men’s shorts constructed from 100% polyester, woven fabric. The shorts fall above the knee and have a tunnel elastic waistband; a mesh knit liner; two tabs at the front waistband with plastic grommets through which a drawstring is laced; side seam pockets with mesh liners; a pocket on the right front leg with a hook and loop closure and grommets for drainage; a right rear patch pocket with grommets for drainage; and hemmed leg openings.

Although you request classification in HTSUS 6210.40.5030, the garment is not coated for tariff purposes and does not qualify for that tariff provision. You also identify the garment as swim shorts. Swim shorts require an elasticized waist through which a drawstring is threaded. In this instance, the drawstring is laced through two sets of plastic grommets secured to front tabs. As the drawstring does not encircle the waist, the garment is not classifiable as swimwear.

The applicable subheading for Style 3021-4 will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s or boys’ trousers, . . . and shorts (other than swimwear): of synthetic fibers: other: other: other: other: shorts: men’s. The rate of duty is 27.9% 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 the World Wide Web at http://www.usitc.gov/tata/hts/.

Style 3021-4 falls 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 Mary Ryan at 646-733-3271.

Sincerely,

Robert B. Swierupski
Director,

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