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NY G81238




August 31, 2000

CLA-2-62:RR:NC:TA:355 G81238

CATEGORY: CLASSIFICATION

TARIFF NO.: 6203.42.4050

Mr. Chris Garcia
Keuhne & Nagel, Inc.
8870 Boggy Creek Road, Suite 100
Orlando, FL 32824

RE: The tariff classification of men’s shorts from Hong Kong

Dear Mr. Garcia:

In your letter dated August 23, 2000, you requested a classification ruling on behalf of Cocoa Beach Surf Company.

You submitted a sample of item JN02 that you describe as men’s shorts, made of 100 percent woven cotton. Your sample will be returned as you have requested. The shorts feature two side slant pockets, one back welt pocket and two side cargo pockets which have flaps secured shut with Velcro. The shorts have a zippered fly that is secured with a button at the waistband. There is a trademark label sewn above the back pocket, which carries the name of the importing company, “Cocoa Beach Surf Company”. You ask if this conflicts with country of origin marking requirements. The care and design labels are sewn into the back seam of the shorts, just below the waistband. You ask if these markings, and their respective placement, are acceptable.

The company name, “Cocoa Beach, appears in a trademark label. Section 134.47, Customs Regulations (19 CFR 134.47) provides that, when as part of a trade name, trademark or souvenir mark, the name of a location other than the country of origin appears, the name of the actual country of origin must appear in close proximity or "in some other conspicuous location". In this case, the country of origin is located in a place clearly visible to the purchaser; in the back center of the waistband seam of the shorts, a place that is considered “some other conspicuous location”. This placement of the origin label is acceptable.

The applicable subheading for the shorts will be 6203.42.4050, Harmonized Tariff Schedule of the United States (HTS), which provides for men’s and boys’ trousers, bib and brace overalls, breeches and shorts, of cotton, other, other, shorts, men’s. The duty rate will be 17 percent ad valorem.

The shorts fall within textile category designation 347. Based upon international textile trade agreements products of Hong Kong 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.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 355 at 212-637-7082.

Sincerely,

Robert B. Swierupski
Director,

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