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NY M85645




August 09, 2006

CLA-2-62:RR:NC:TA:357 M85645

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

Mr. David J. Evan
Grunfeld, Desiderio, Lebowitz, Silverman & Klestadt LLP 399 Park Avenue, 25th Floor
New York, N.Y. 10022-4877

RE: The tariff classification of a man’s pair of shorts from China. Correction to Ruling Number M84880

Dear Mr. Evan:

This replaces Ruling Number M84880, dated July 21, 2006, which listed the style number of the article as 40514B. You have since advised us that the item will also be designated by style numbers NB17A110 and NB17A115. A complete corrected ruling follows.

The sample submitted, style numbers 40514B, NB17A110 and NB17A115 is a man’s pair of shorts constructed of a shell of contrasting color inserts composed of a woven 100% polyester fabric that has a visible plastic coating on the inner surface. The garment is fully lined with a knit mesh polyester fabric.

The shorts extend to the lower thigh area in length and have a banded waistband that features a fly front opening secured by a hook and loop fastener and a tab with two eyelets on each side of the front opening with a drawstring tightening threaded in a criss-cross pattern through the eyelets. The shorts have leg separations that are hemmed at the bottom.

The sample is being returned to you as you have requested.

The applicable subheading for the shorts will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for Garments made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: other men’s or boys’ garments: of man-made fibers: other: trousers, breeches and shorts: other. 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/.

The 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 W. Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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