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NY D81963





September 30, 1998

CLA-2-61:RR:NC:TA:N3:356 D81963

CATEGORY: CLASSIFICATION

TARIFF NO.: 6103.43.1550; 6203.43.4030

Ms. Kim Duvall
Fruit of the Loom - International Transportation One Fruit of the Loom Drive
Bowling Green, KY 42101

RE: The tariff classification of men's knit and woven shorts from Korea.

Dear Ms. Duvall:

In your letter, dated September 1, 1998, you requested a tariff classification ruling. As requested, your samples will be returned.

Style W9A is a pair of men's shorts constructed from 55 percent polyester, 45 percent cotton, mesh knit fabric. The shorts feature a fabric covered elastic waistband with an inside drawstring; and hemmed leg openings. There is an embroidered logo on the lower left leg.

Style W8M is a pair of men's shorts constructed from 100 percent polyester, mesh knit fabric. The shorts feature a fabric covered elastic waistband with an inside drawstring; and hemmed leg openings. There is an embroidered logo on the lower left leg.

Style W95 is a pair of men's shorts constructed from 100 percent nylon, woven fabric. The shorts feature a fabric covered elastic waistband with an inside drawstring; side seam pockets; and hemmed leg openings with side slits. There is an embroidered logo on the lower left leg. The applicable subheading for Styles W9A and W8M will be 6103.43.1550, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' ... breeches and shorts, (other than swimwear), knitted or crocheted: of synthetic fibers: other: shorts: men's. The duty rate will be 29.3 percent ad valorem.

The applicable subheading for Style W95 will be 6203.43.4030, Harmonized Tariff Schedule of the United States, (HTS), which provides for: men's or boys' ... breeches and shorts (other than swimwear),: of synthetic fibers: other: other: other: other: shorts: men's. The duty rate will be 29 percent ad valorem.

Styles W9A, W8M and W95 fall within textile category designation 647. Based upon international textile trade agree- ments, products of Korea are subject to visa requirements and quota restraints.

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 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 Mary Ryan at 212-466-5877.

Sincerely,

Robert B. Swierupski
Director
National Commodity

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