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NY N005210




February 8, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Staci Bolan
Foot Locker Retail Inc.
3543 Simpson Ferry Rd.
Camp Hill PA 17011

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

Dear Ms. Bolan:

This letter replaces N003497 that was issued to you on December 21, 2006. In that letter, Style 0305059 was classified as men’s woven shorts in HTS 6203.43.4030. In a letter dated January 5, 2007, you informed this office that the 100% polyester fabric of Style 0305059 has a visible plastic coating on the inner surface and you request re-classification of the shorts. Your sample will be returned, as requested.

Style 0305059 is a pair of men’s shorts constructed from 100% polyester, woven fabric. The shorts feature a flat waistband; two tabs at the center front waistband with four grommets and a laced closure; a fly front opening with a hook and loop closure; a full mesh lining that extends from the waist to the ends of the leg openings; a zippered, inset pocket on the right hip with a mesh lining; a metal grommet at the bottom of the zippered pocket; a small inner key pocket on the left front panel; and hemmed leg openings.

Although you suggest classification for Style 0305059 in HTSUS 6210.40.5039, there is no change in the surface character of the fabric beyond a change in color, therefore, classification in 6210.40.5039 is not applicable. Consequently, the tariff classification of the shorts will not change. The applicable subheading for Style 0305059 is 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.

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 0305059 falls within textile category designation 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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