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NY C84068




February 26, 1998

CLA-2-62:RR:NC:3:TA:355 C84068

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.43.4030, 6204.63.3532

Mr. Francisco Gomez Jr.
R.L. Jones Tecate, Inc.
P.O. Box 970
Tecate, CA 91980

RE: The tariff classification of woven nylon shorts from Mexico.

Dear Mr. Gomez:

In your letter received in this office February 06, 1998 you requested a tariff classification ruling on behalf of your client, Extreme Sports Inc dba Jet Pilot. As you requested your samples are being returned to you.

Style JSM606 is a pair of men's woven nylon shorts. It has a flat waistband secured by a Velcro closure and two tabs with two grommetts each and a textile drawcord. It has a fly front opening with a Velcro closure and a pocket on the lower right leg with a Velcro closure. Style JSM608 is a pair of men's woven nylon shorts. It has a flat waistband secured by two tabs with two grommets each and a textile drawcord. It has a fly front opening with a Velcro closure and a rear pocket with a Velcro closure. Style JSM609 is a pair of men's woven nylon shorts. It has a flat waistband secured by a Velcro closure and two tabs with two grommets each and a textile drawcord. It has a fly front opening with a Velcro closure and a flapped pocket on the lower right leg with a Velcro closure.

Style JSW604 is a pair of women's woven nylon shorts. It has a flat waistband secured by grommets and a drawcord and a fly front opening secured by grommets and the same drawcord. It has a rear flapped pocket with a Velcro closure on the lower right leg. Style JSW605 is a pair of women's woven nylon shorts. It has a flat waistband secured by a Velcro closure and two tabs with two grommets each and a drawcord. It has a fly front opening with a velcro closure and a rear pocket with a Velcro closure.

The garments are not eligible for an exemption under 9802.00.80, HTSUS, as the operation in Mexico is more than an assembly operation; the fabric is cut to shape in Mexico and not assembled of fabricated components, the product of the United States. The applicable subheading for the men's woven nylon shorts will be 6203.43.4030, Harmonized Tariff Schedule of the United States (HTS), which provides for men's woven shorts of synthetic fibers. The rate of duty will be 29% ad valorem.

The applicable subheading for the women's woven nylon shorts will be 6204.63.3532, HTS, which provides for women's woven shorts of synthetic fibers. The rate of duty will be 29.7% ad valorem

The men's shorts fall within textile category designation 647. The women's shorts fall within textile category designation 648. Based upon international textile trade agreements, products of Mexico are subject to quota restraints and visa requirements.

The designated textile and apparel category may be subdivided into parts. If so, visa and quota requirements applicable to the subject merchandise may be affected. Since 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 Section 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter or the control number indicated above should be attached to the entry documents filed at the time this merchandise is imported. If you have any questions regarding this ruling, contact National Import Specialist Gerard Shea at 212-466-5878.

Sincerely,

Robert B. Swierupski
Director

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