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NY N014354




July 31, 2007

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

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030

Ms. Joanna Huang
Ms. May Cheung
American Public Co., Inc.
485 7th Avenue, Suite 800
New York, NY 10018

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

Dear Ms. Huang and Ms. Cheung:

In your letter dated July 13, 2007, you requested a tariff classification ruling. As requested, your sample will be returned.

The submitted garment, Ref. No. 071307, is a pair of men’s pull on shorts constructed from 100% polyester, woven fabric. The shorts feature a tunnel elastic waistband; two tabs at the center front waistband with four grommets and a laced closure; a full mesh lining that extends from the waist to the ends of the leg openings; two side seam pockets; two cargo pockets on the front panel with flaps and hook and loop closures; a screen printed logo on the left front panel; a right rear patch pocket with a flap and a hook and loop closure; metal grommets on the bottom of the front cargo pockets and at the bottom of the rear patch pocket; and hemmed leg openings.

Although you identify Ref. No. 071307 as swimming shorts, the garment lacks several criteria necessary for classification as swimwear. Ref. No. 071307 does not have a drawcord encircling the waist and it lacks a light weight support liner. Consequently, the applicable subheading for Ref. No. 071307 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.

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/.

Ref. No. 071307 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 With the exception of certain products of China, quota/visa requirements are no longer applicable for merchandise which is the product of World Trade Organization (WTO) member countries.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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