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NY N008500




April 12, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6210.40.5039

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

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

Dear Ms. Bolan:

This letter replaces N005210 that was issued to you on February 8, 2007. In that letter, style 0305059 was classified in HTS subheading 6203.43.4030 because the polyurethane plastics coating on the inner surface of the shell was not visible to the naked eye other than by change of color. You have now submitted with your letter dated March 13, 2007, modified shell fabric that is coated for tariff purposes. This fabric is a 100% polyester woven “poly-twill” peached fabric with a visible plastics coating on the inner surface. The fabric weighs 123g/m2 prior to coating, and 140g/m2 after coating.

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.

The applicable subheading for style 0305059 will be 6210.40.5039, Harmonized Tariff Schedule of the United States (HTSUS), which provides for other men’s or boys’ garments of man-made fibers, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907, other trousers breeches and shorts. 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/.

These shorts fall 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 William Raftery at 646-733-3047.

Sincerely,

Robert B. Swierupski
Director,

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