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NY C86159

April 21, 1998

CLA-2-61:RR:NC:WA:361 C86159


TARIFF NO.: 6104.63.2030

Mr. Edward M. Puls
Weekenders USA, Inc.
1011 Woodlands Parkway
P.O. Box 8127
Vernon Hills, Il 60061-8127

RE: The tariff classification of a pair of woman's knit shorts from Canada.

Dear Mr. Puls:

In your letter dated April 7, 1998, you requested a classification ruling for a pair of woman's knit shorts, style 406. The sample is being returned, as you requested.

Style 406 is a pair of woman's pull-on shorts, constructed from 50% cotton, 50% polyester knit fabric. The shorts feature a 1 1/2 inch elasticized waistband, a side seam pocket on each side approximately one inch below the waistband, and a plain hemmed bottom.

The applicable subheading for style 406 will be 6104.63.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women's shorts, of synthetic fibers. The general rate of duty will be 29.3 percent ad valorem.

Style 406 falls within textile category designation 648. Products from Canada are not currently subject to a visa requirement and quota restraints.

You have indicated in your letter that the fabric is a blend of 50% cotton, 50% polyester knit fabric. Garments which are claimed to be constructed from such a blend are subject, upon importation, to laboratory analysis by the U.S. Customs Service to verify the actual weight of the component fibers. Please be advised that a slight variation from the above stated fiber content may affect the classification and the textile category designation of the subject garment.

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 Part 177 of the Customs Regulations (19 C.F.R. 177).

A copy of this ruling letter should be attached to the entry documents filed at the time this merchandise is imported. If the documents have been filed without a copy, this ruling should be brought to the attention of the Customs officer handling the transaction.

If you have any questions regarding the ruling, contact National Import Specialist Angela De Gaetano at 212-466-5540.


Robert B. Swierupski

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