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NY E82916





July 19, 1999

CLA-2-61:RR:NC:WA:361 E82916

CATEGORY: CLASSIFICATION

TARIFF NO.: 6104.62.24030

Ms. Lorianne Aldinger
Rite Aid Corporation
30 Hunter Lane
Camp Hill, PA 17011

RE: The classification of a pair of unisex knit boxer-styled shorts from China.

Dear Ms. Aldinger:

In your letter dated May 4, 1999, with additional information provided on May 28, 1999, you requested a classification ruling for a pair of a unisex boxer-styled shorts. You have provided a sample of the garment in two different prints, which will be returned, as you requested.

Style 990979 is a pair of unisex boxer–styled shorts constructed from 100% cotton knit fabric. The pull-on shorts feature a 1.75 inch covered elasticized waistband; a fly front opening without a closure; and hemmed leg openings. You have indicated that the shorts will be imported in three different prints.

Chapter 61, note 9, , Harmonized Tariff Schedule of the United States (HTS), states, in part, “Garments which cannot be identified as either men's or boys' garments or as women's or girls' garments are to be classified in the headings covering women's or girls' garments.” Therefore, the submitted boxer shorts will be classified under the heading for women’s shorts in chapter 61.

The applicable subheading for style 990979 will be 6104.62.2030, Harmonized Tariff Schedule of the United States (HTS), which provides for women’sshortsknitted or crocheted: of cotton. The rate of duty will be 15.8 percent ad valorem. Style 990979 falls within textile category designation 348. 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 and their quota and visa status are the result of international agreements that are subject to frequent renegotiations and changes. To obtain the most current information, we suggest that you check, close to the time of shipment, the U.S. Customs Service Textile Status Report, an internal issuance of the U.S. Customs Service, which is available at the Customs Web Site at WWW.CUSTOMS.USTREAS.GOV. In addition, 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 and should also be verified at the time of shipment.

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 Angela De Gaetano at 212-637-7029.

Sincerely,

Robert B. Swierupski
Director,

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