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NY N011359




June 14, 2007

CLA-2-61:RR:NC:TA:361

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.63.2030; 6104.63.2060

Ms. Melissa Stanczak
Ballet Makers, Inc.
1 Campus Road
Totowa, NJ 07512

RE: The tariff classification of a pair of women’s and girls’ knit shorts from Vietnam.

Dear Ms. Stanczak:

In your letter dated May 10, 2007, you requested a tariff classification ruling.

The submitted samples are described as follows:

Style #HW516 - A pair of women’s shorts constructed from 92% nylon, and 8% spandex knit fabric. The pull-on shorts feature a flat waistband, and partial hemmed leg opening at the rear. The garment also has narrow fabric measuring approximately 5/8” in width, finishing the front portion of the leg openings.

Style #HW516C - A pair of girls’ shorts constructed from 92% nylon, and 8% spandex knit fabric. The pull-on shorts feature a flat waistband, and narrow fabric measuring approximately 5/8” in width, finishing the leg openings.

We are returning your samples as you requested.

The applicable subheading for the women’s shorts, Style HW516 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, shorts, women’s. The rate of duty will be 28.2% ad valorem.

The applicable subheading for the girls’ shorts, Style HW516C will be 6104.63.2060, Harmonized Tariff Schedule of the United States (HTSUS), which provides for women’s or girls’ trousers, bib and brace overalls, breeches and shorts (other than swimwear), trousers bib and brace overalls, breeches and shorts, of synthetic fibers, other, other, shorts, Girls’:Other. The rate of duty will be 28.2% 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/.

The shorts, Styles HW516 and HW516C fall within textile category 648. With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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 Peggy Fitzgerald at 646-733-3052.

Sincerely,

Robert B. Swierupski
Director,
National Commodity

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