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NY B82850

April 2, 1997

CLA-2-62:RR:NC:WA:357 B82850


TARIFF NO.: 6210.40.5030

Ms. Laura Boyce
Donna Karan New York
The Donna Karan Company
600 Gotham Parkway
Carlstadt, New Jersey 07072

RE: The tariff classification of a man's pair of shorts from China

Dear Ms. Boyce:

In your letter dated February 28, 1997, you requested a classification ruling.

The sample submitted, style number K2730101A, is a man's pull-on upper thigh-length pair of shorts. The shorts are constructed of a woven 100% nylon fabric visibly coated on the inner surface with polyurethane. The garment is lined with a mesh 100% polyolefin fabric.

The shorts have an elasticized waistband with an inner drawcord tightening. Below the waistband there are two front pockets and a right rear pocket. Each pocket is secured by a zipper closure. The garment has side seam contrasting colored piping fabric along the length and two side seam vents at the bottom hem.

The applicable subheading for the shorts will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for garments, made up of fabrics of heading 5602, 5603, 5903, 5906 or 5907: Other men's or boys' garments: of man-made fibers: other trousers, breeches and shorts. The duty rate will be 7.4 percent ad valorem.

The shorts fall within textile category designation 647. Based upon international textile trade agreements products of China are presently subject to quota restraints and the requirement of a visa.

The designated textile and apparel categories may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Part categories are the result of international bilateral agreements which are subject to frequent renegotiations and changes. To obtain the most current information available, we suggest that you check, close to the time of shipment, the Status Report on Current Import Quotas (Restraint Levels), an internal issuance of the U.S. Customs Service, which is available for inspection at your local Customs office.

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 W. Raftery at 212-466-5851.


Paul K. Schwartz
Chief, Textiles & Apparel Branch

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