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NY M87719




November 8, 2006

CLA-2-62:RR:NC:TA:358 M87719

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4040; 6211.11.1010

Mr. Charles Santarelli
Mersant International Ltd.
158-12 Rockaway Boulevard
Jamaica, NY 11434

RE: The tariff classification of boys’ shorts from China

Dear Mr. Santarelli:

In your letter dated October 19, 2006, on behalf of your client Parigi Group Ltd., you requested a classification ruling.

Six samples were submitted with your request. All styles have woven polyester shells and nylon mesh liners. The articles are sized for boys, sizes 2-20. They will be sold under the Puma ™ brand label.

The “Pattern Board Short”, Style PS74803, has a flat front waistband, an elasticized rear waistband and an inverted pleat patch pocket on one pant leg with a pocket flap that is secured with a hook and loop closure. The style has a fly front opening secured by a metal snap on the waistband and a hook and loop (fly) closure.

The “Pattern Board Short”, Style PS78803, has a flat (unelasticized) waistband, and an inverted pleat patch pocket on one pant leg with a pocket flap that is secured with a hook and loop closure. The style has a fly front opening secured by a metal snap on the waistband and a hook and loop (fly) closure.

The “Totem Long Board Short”, Style PS78804, has a flat waistband and a criss-cross, lace-up front that is threaded through two sets of eyelet grommets located on both waistband fabric extensions. The style has a functional fly front opening secured by a hook and loop closure and slash pockets secured by hook and loop closures.

The “Totem Long Board Short”, Style PS74804, has a flat front waistband, an elasticized rear waistband and a criss-cross, lace-up front that is threaded through two sets of eyelet grommets located on both waistband fabric extensions. The style has a mock fly front and slash pockets secured by hook and loop closures.

The “Swim Trunk”, Style PS74800, has a fully elasticized waistband; a tunnel enclosed adjustable drawstring closure and unsecured side entry pockets.

The “Form Striped Swim Short”, Style PS74805 has a fully elasticized waistband, a tunnel enclosed adjustable drawstring closure and a mock fly.

As you requested, the sample garments will be returned to you.

The applicable subheading for the four board short styles will be 6203.43.4040, Harmonized Tariff Schedule of the United States (HTSUS), which provides for boys’ shorts (other than swimwear), of synthetic fibers, other, other, other, shorts, boys’, other. The duty rate will be 27.9 per cent ad valorem.

The applicable subheading for the two swim trunk styles will be 6211.11.1010, Harmonized Tariff Schedule of the United States (HTSUS), which provides for swimwear, men’s or boys’, of man-made fibers, boys’. The duty rate will be 27.8 per cent 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/.

Boys’ synthetic fiber shorts fall within textile category designation 647. Boys’ synthetic fiber swim trunks fall within textile category designation 659. 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 Bruce Kirschner at 646-733-3048.

Sincerely,

Robert B. Swierupski
Director,

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