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January 29, 1999

CLA-2-61:RR:NC:WA:361 D86295


TARIFF NO.: 6204.62.4055

Mr. Renu Sadh,
V. R. S. Industries, Inc.
1385 Broadway, suite 1509
New York, NY 10018

RE: The classification of women’s woven shorts from India.

Dear Mr. Sadh:

In your letter dated December 29, 1998, you requested a classification ruling for a pair of women’s woven shorts, style 3001. The sample is being returned, as you requested.

Style 3001 is a pair of women’s shorts constructed from 100% cotton woven fabric. The shorts feature an exposed elasticized waistband, a fly opening with one button right over left closure, and two inch side slits extending upward from the hemmed bottom.

Although you have indicated that the shorts will be imported in various types of fabric, this ruling is limited to the specific type of fabric on the submitted sample. You have also proposed that these shorts be classified as underwear. However, based on the appearance of the garment, we do not believe that the shorts will be principally used as women’s underwear in the United States.

The applicable subheading for style 3001 will be 6204.62.4055, Harmonized Tariff Schedule of the United States (HTS), which provides for women’s...shorts...of cotton. The rate of duty will be 17.2 percent ad valorem. Style 3001 falls within textile category designation 348. Based upon international textile trade agreements, products of India are subject to a visa requirement 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 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 212-637-7029.


Robert B. Swierupski

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