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NY N004638




January 18, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Mr. Mike Cristea
Delmar International
10636 Côte de Liesse
Lachine, Québec H8T 1A5
Canada

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

Dear Mr. Cristea:

In your letter dated November 29, 2006 and in subsequent correspondence dated December 12, 2006, you requested a tariff classification ruling on behalf of Memphis Blues Apparel Company. As requested, your sample will be returned.

The submitted garment, Style RC1013, does not have the “swim wallet” that you state will be attached to the garment at the time of importation. Therefore, we will classify the submitted shorts but we cannot offer classification advice for the “swim wallet” without a sample.

Style RC1013 (without the “swim wallet”) is a men’s board short constructed from 100% polyester, woven fabric. The board short features a flat waistband; two tabs at the center front waistband with four grommets and a laced closure; a fly front with a spandex gusset and a hook and loop closure at the waistband; a zippered pocket on each leg; and hemmed leg openings finished with capping.

You state that Style RC1013 will be marketed as swimwear. However, the garment lacks key features of men’s swim shorts, namely, a lightweight support liner and an elasticized waistband through which a drawstring is threaded. Consequently, the applicable subheading for Style RC1013 (without the “swim wallet”) will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for men’s and 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.

You also requested classification for Styles RC1012, RC1014, RC1015 and RC4400 but did not submit samples of the garments. If you wish to resubmit your request for the classification of these garments when the samples are available, and if you wish to re-submit the swim wallet for classification, please send the samples and the required information for the garments, and re-submit this letter with Style RC1013 and the attached swim wallet, and mail your request to U.S. Customs and Border Protection Customs Information Exchange, 10th Floor, One Penn Plaza, New York, NY 10119, attn: Binding Rulings Section.

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 RC1013 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,
National Commodity

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