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NY D84172

November 12, 1998

CLA-2-62:RR:NC:WA:357 D84172


TARIFF NO.: 6210.40.5030

Ms. Lorraine Kenderdine
Pacific Trail
1700 Westlake Avenue North
Seattle, WA 98109-3012

RE: The tariff classification of two men's garments from China

Dear Ms. Kenderdine:

In your letters dated October 5 and October 30, 1998, you requested a classification ruling.

Two samples were submitted and are being returned as you requested. The first item, style 069106, described as "Ripstop Shorts," are made from a woven nylon ripstop fabric. They have two front slash pockets and a rear bellows pocket with a flap, all of which have grommets or "drain holes." The garment has an elasticized waistband with a drawstring tightening and a full mesh lining. The leg openings extend ten inches down from the inseam, while the front rise extends 13-1/4 inches to the waistband.

The second item, style 069107, "Cargo Short," has two front slant pockets and two lower flapped patch pockets in the front. It has an elasticized waistband with a drawstring tightening and a full mesh lining. Although the inseam on this item is longer than indicated on the specification sheets, you indicated that the production sample will be made according to the sheets, which indicate an inseam of eleven inches. The front rise on this item is also 13-1/4 inches to the bottom of the waistband. Both items have an oversized appearance.

According to information you provided these samples are coated on the inner surface of the shell fabric with polyurethane. Examination of the samples indicate that both are visibly coated.

The applicable subheading for the garments will be 6210.40.5030, Harmonized Tariff Schedule of the United States (HTS), which provides for other men's or boys' garments of man-made fibers: Trousers, breeches and shorts. The duty rate will be 7.4 percent ad valorem.

These garments fall within textile category designation 647. Based upon international textile trade agreements products of China are subject to quota 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.


Robert B. Swierupski

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