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NY M87786




November 24, 2006

CLA-2-62:RR:NC:TA:N3:356 M87786

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Carolyn B. Malina
Lands’ End, Inc.
2 Lands’ End Lane
Location #22-290
Dodgeville, WI 53595

RE: The tariff classification of men’s shorts from Sri Lanka.

Dear Ms. Malina:

In your letter dated October 20, 2006, you requested a tariff classification ruling. As requested, your sample will be returned.

Style 190406, which you describe as “Men’s supplex volley shorts” is constructed from 100% nylon, woven fabric. The shorts have an elasticized waistband with an inner drawstring; a 100% polyester, mesh liner; side seam pockets on the front panels with mesh knit pocket bags; a key pocket on the inner right side with a flap and a hook and loop closure; a right rear patch pocket with two drainage holes and a flap with a hook and loop closure; and hemmed legs with side slits.

Although the shorts have features characteristic of swimwear, the garment is identified and sold as volleyball shorts. The principal use of Style 190406 is for wear while playing volleyball, not for swimming. Consequently, the applicable subheading for the shorts 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 World Wide Web at http://www.usitc.gov/tata/hts/.

Style 190406 falls within textile category 647. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries. The textile category number above applies to merchandise produced in non-WTO member-countries. Quota and visa requirements are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information on quota and visa requirements applicable to this merchandise, we suggest you check, close to the time of shipment, the “Textile Status Report for Absolute Quotas” which is available on our web site at www.cbp.gov. For current information regarding possible textile safeguard actions on goods from China and related issues, we refer you to the web site of the Office of Textiles and Apparel of the Department of Commerce 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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